Living in a condominium has some disadvantages, especially when it comes to repairing the common areas.
Elevators are considered to be among the latter.
Rules exist concerning the handling of
broken down elevators in
order to guarantee the safety of all inhabitants.
They differ depending on whether you own or rent your apartment.
Who is in charge of elevator maintenance in a condominium building?
In a condominium building, the condominium trustee is in charge of managing the equipment, including the elevators.
The maintenance and repair of the elevators is the responsibility of the syndic of the co-ownership.
Concretely, it is up to him to contact the repairer, to ensure the proper execution of the work and then to pay him.
This is an obligation provided for by article 18 of law n°65-557 of July 10, 1965.
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What recourse does the tenant have in the event of an elevator breakdown?
As a tenant, if the elevator in your building is broken down, and the necessary repair is not planned within a reasonable time, you can
alert the landlord of your apartment
.
Indeed, your lessor must guarantee you a peaceful enjoyment and a good state of use of the accommodation, according to the terms of article 6 of the law n ° 89-462 of July 6, 1989 included in your lease (otherwise called contract of lease).
You can send an e-mail or a letter, by simple letter or by registered mail, to ask him to contact the trustee so that he can undertake the work necessary to repair the elevator breakdown.
If your landlord does not respond to your reminders, you can
contact a
justice conciliator free of
charge .
Its role is to find an amicable agreement between tenant and owner.
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What to do when your lift has been out of order for more than a month?
If, despite all your efforts, the elevator to access your property remains desperately broken down, you have the right to take legal action to ask it to put an end to the inconvenience caused.
If applicable, to pay you compensation if you have suffered significant harm (for example, if you live on a high floor, if you are disabled or disabled).
Conciliation is no longer a mandatory prerequisite for entering the civil court since a judgment of September 22, 2022 issued by the Council of State.
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To note
If you are a tenant, there is no need to contact the syndic of co-ownership directly.
The latter is accountable only to the co-owners of the building.
What recourse does the landlord have in the event of an elevator breakdown?
The owner can alert and give formal notice, if necessary, to the syndic of the co-ownership to carry out the repair work for the broken down elevator.
Who to call when an elevator breaks down?
The contact person to contact depends on your situation at the time of the elevator breakdown:
If you are
stuck in the elevator
, you must call the technical service of the elevator company, the number of which is generally displayed in the cabin.
You can also press the button marked with the bell symbol.
If you are
outside the elevator
, you can call the repairman directly if you have his number or call the syndic of co-ownership to alert him to the problem.
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If you are outside the elevator, call the repairman or the trustee.
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Who pays for the maintenance and repair of the lift that has broken down?
Legislation imposes a minimum maintenance contract with the condominium, which includes repairs and the replacement of small routine maintenance parts in the context of normal use.
But the condominium may have taken out a more extensive contract.
It is the responsibility of the syndic of co-ownership to manage the maintenance and repair of the common parts of a building.
He must also pay the various invoices concerned.
Good to know
The co-ownership can then turn against a third party if it can demonstrate that the breakdown or degradation is attributable to it.
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Does an elevator breakdown justify the reduction in rent or rental charges?
No, in principle the rent and rental charges are due by the tenant to the owner.
They cannot unilaterally be reduced under the sole decision of the tenant.
On the other hand, they can be lowered judicially after having obtained a court decision to this effect.
To hope to obtain compensation, the breakdowns must be recurrent and cause you real damage.
To note
On the other hand, nothing prevents a tenant from asking his landlord out of court to make a gesture if the damage suffered is significant.
Elevator broken down, what happens in the event of a disaster?
The common areas of a condominium building, including the elevators, are covered by the condominium insurance in the event of a claim.
Collective co-ownership insurance compensates the victim of an elevator breakdown, if the damage originates in this equipment.
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Why does an elevator break down?
Obsolescence, poor maintenance, poor quality repairs, lack of maintenance, intentional damage… Many reasons can explain the repeated breakdowns of the motor and cabin of an elevator.
To prevent an elevator from breaking down, tenants and owners must respect it.
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Does the elevator still work in the event of a power outage?
In the event of a power outage to relieve the network, the lifts in the areas concerned will be affected.
Without electricity, they will not be able to function.
Consequently, residents will be forced to use the stairs to access their accommodation.
