Claudia Thirion, a lawyer specialising in real estate law in Luxembourg, provides us with her expertise on practical recommendations before concluding a lease agreement.

The lessor's duty to deliver....
...a flat in good condition

When a landlord makes a property available for rent, the landlord must ensure that the property is in good condition.

This means that the lessor is obliged to carry out, before the beginning of the lease, the repairs or repairs required to deliver the object under lease, even if they are repairs which, in the course of the lease, would be the responsibility of the lessee (Tribunal d'arrondissement de Luxembourg, 26 March 1998, roll no. 56336).

Claudia Thirion states that the parties may derogate from this rule by means of a clause in the lease contract. This type of clause is frequently encountered in practice, particularly when the parties agree that the tenant will be responsible for restoring the premises.

The absence of a complaint by the tenant within a reasonable period of time after taking possession of the premises shall constitute a presumption that the tenant has accepted the premises in their condition.  

If the tenant finds that the leased property has a defect, he or she must insist that the lessor give a written undertaking to remedy it.

.... of a flat with minimum safety and health standards

The Grand-Ducal regulation of 25 February 1979 determines the rental, health and hygiene criteria that must be met by rental accommodation.

Claudia Thiron explains that the rented accommodation must be built and fitted out in accordance with the standards applied in Luxembourg and be of normal habitability.

The rental property must be in good condition and meet safety and health standards

For example, dwellings rented in Luxembourg must meet the minimum safety requirements for fire, gas and electricity; the tenant must have free access to sanitary facilities located in the building, in rooms with heating, etc. 

Similarly, the law specifies that " the floor area of a dwelling intended for rental or made available for habitation shall not be less than 9 m²" (for occupation by one person).

Attorney Claudia Thirion
Lawyer at the Court
claudia.thirion@barreau.lu

 Read more : Renting: the documents to be presented