Owner or tenant: who should pay for the repair or replacement of the heated towel rail?
Lucas Morel
The towel dryer has just broken down. Burnt-out heating element, faulty thermostat, or simply an old appliance after years of loyal service. The question immediately arises: who should pay for the repair or replacement? The tenant who uses the appliance daily, or the landlord who installed it in the dwelling?
This seemingly simple question actually hides an important legal subtlety that neither tenants nor landlords always fully understand. Between routine maintenance at the tenant's expense and obsolescence at the landlord's expense, the dividing line is precise – and knowing it can save you several hundred euros. This guide explains exactly who should pay what, with applicable legal texts and the most common concrete situations.
🎯 The gist in 30 seconds
No time to read it all? Here's what to remember:
- Routine maintenance: at the tenant's expense — replacement of small parts, cleaning
- Obsolescence and structural breakdown: at the landlord's expense — burnt-out heating element, faulty thermostat
- Damage caused by the tenant: always at the tenant's expense, regardless of the nature of the breakdown
- Wear and tear grid: legal lifespan of a towel dryer set at 10-15 years depending on agreements
- Contrary clause in the lease: null and void if it places the landlord's responsibility on the tenant
📋 Summary
- The legal framework: law of July 6, 1989 and decree of 1987
- What falls to the tenant: routine maintenance
- What falls to the landlord: obsolescence and major repairs
- The wear and tear grid: legal lifespan of a towel dryer
- Damage by the tenant: a specific case
- Lease clauses: what is valid or void
- The most common concrete situations
- The procedure to follow in case of a dispute
- Replacing the towel dryer: the rights of each party
The legal framework: law of July 6, 1989 and decree of 1987
The division of responsibilities between landlord and tenant regarding repairs is governed by two fundamental texts that are important to know.
The law of July 6, 1989
The law of July 6, 1989, which governs residential leases in France, establishes the general principle in its article 6: the landlord is obliged to provide the tenant with a dwelling in good condition of use and repair, and to maintain this dwelling in a state suitable for the use for which it was rented. This includes equipment provided with the dwelling, such as the towel dryer if it was present upon entry.
In return, article 7 of the same law obliges the tenant to bear the cost of rental repairs, i.e., minor repairs and routine maintenance of the dwelling's equipment.
The decree of August 26, 1987
Decree n°87-712 of August 26, 1987 lists the rental repairs for which the tenant is responsible. This decree, although old, remains the reference text for determining what falls under routine maintenance (tenant) or major repairs (landlord). Heating equipment, including towel dryers, is explicitly mentioned.
Collective lease agreements
In addition to these texts, collective agreements signed between landlord organizations and tenant associations (the agreement of June 9, 1999, in particular) specify the wear and tear grids applicable to equipment, including standard lifespans beyond which replacement falls to the landlord even in the case of normal use.
✨ General principle to remember: The basic rule is simple — normal wear and tear of equipment is the landlord's responsibility, while routine maintenance and damage caused by the tenant are the tenant's responsibility. Everything else follows from this principle.
What falls to the tenant: routine maintenance
The tenant is responsible for the routine maintenance of the electric towel dryer in their dwelling. Here's what that specifically covers.
Regular cleaning
Dusting the bars and the structure of the towel dryer is a routine maintenance obligation for the tenant. A dirty appliance that overheats due to lack of maintenance incurs the tenant's responsibility, even if the resulting breakdown may seem technical.
Replacement of small wear parts
According to the 1987 decree, the tenant is responsible for the replacement of small, easily accessible parts that wear out normally over time. For a towel dryer, this may include:
- Replacement of an indicator light bulb or LED
- Replacement of the control knob or thermostat dial if it is simply mechanically broken
- Tightening of mounting screws loosened by normal use
What is not the tenant's responsibility
However, the tenant is not responsible for:
- Failure of the electric heating element
- Failure of the internal electronic or mechanical thermostat
- Breakage of an internal power cable
- Corrosion or normal oxidation of the bars
- Paint flaking due to repeated heating cycles
These breakdowns fall under the normal wear and tear of an electrical appliance and are the landlord's responsibility, regardless of their technical nature.
💡 Good tenant reflex: As soon as you notice a breakdown in the towel dryer, report it in writing to the landlord or agency (email with acknowledgment of receipt or registered letter). This step protects your responsibility in case of a breakdown that would worsen due to lack of intervention, and formally triggers the landlord's obligation to repair.
What falls to the landlord: obsolescence and major repairs
The landlord is obliged to maintain the dwelling and its equipment in a state fit for the purpose for which they were rented. For the towel dryer, this covers a broader spectrum than generally thought.
Major repairs and structural breakdowns
Any breakdown affecting the essential components of the towel dryer falls under the landlord's responsibility, provided it is not caused by negligence or damage by the tenant:
- Faulty electric heating element: this is the most common breakdown in an electric towel dryer. The heating element is an internal component with a finite lifespan. Its failure is due to normal wear and tear.
- Safety thermostat permanently tripped: some safety thermostats do not reset and must be replaced in a workshop.
- Failure of the printed circuit board (on models with electronic programmers)
- Internal corrosion of electrical connections due to normal ambient humidity
End-of-life replacement
When a towel dryer reaches its normal lifespan (see next section on the wear and tear grid) and repairs are no longer economically justified, the complete replacement falls to the landlord. The tenant cannot be forced to finance the replacement of an obsolete appliance, even if they use it daily.
The obligation of a reasonable timeframe
Once the breakdown is reported by the tenant, the landlord has a reasonable timeframe to carry out the repair or replacement. This timeframe is not precisely defined by law, but jurisprudence generally considers a period of 15 days to one month to be reasonable for a comfort appliance like a towel dryer. If the landlord fails to act beyond this period, the tenant can appeal to the departmental conciliation commission or refer the matter to the court.
🌿 For landlords: Responding promptly to breakdown reports has a dual benefit. First, it protects you legally. Second, an untreated breakdown can worsen and cost more in the long run. A towel dryer replaced quickly also avoids tenant tensions that can lead to lengthy and costly procedures.
The wear and tear grid: legal lifespan of the towel dryer
The wear and tear grid is an essential tool for determining each party's financial responsibility when replacing equipment.
What is the wear and tear grid?
The wear and tear grid is a scale that defines the standard lifespan of equipment and the wear and tear coefficient applicable according to the age of the appliance. Several grids coexist (ANIL, 1999 collective agreements, public housing (HLM) grids), but they generally converge on similar durations for electrical equipment.
The lifespan of a towel dryer according to the grids
| Age of towel dryer | Wear and tear coefficient | Landlord's share | Tenant's share (if damaged) |
|---|---|---|---|
| 0 to 2 years | 0% | 100% | 100% (new) |
| 3 to 5 years | 30% | 100% | 70% of new value |
| 6 to 10 years | 50 to 70% | 100% | 30 to 50% of new value |
| Over 10 years | 80 to 100% | 100% | 0 to 20% of new value |
How to interpret this table
This table illustrates two distinct situations. In the event of normal wear and tear (without tenant damage), replacement is entirely at the landlord's expense, regardless of the appliance's age. In the event of damage caused by the tenant, the wear and tear grid applies: the tenant only reimburses the residual value of the appliance (new value minus the wear and tear coefficient), and not the new replacement value. Thus, for an 8-year-old towel dryer damaged by the tenant, the latter can only be held liable for approximately 30 to 50% of the price of an equivalent new appliance.
💡 Important: Even if no wear and tear grid has been attached to the lease, judges systematically apply the principle of wear and tear in case of a dispute. A landlord cannot demand that a tenant reimburse the full cost of a new appliance if an old appliance (10 years old) was damaged, even if the damage is proven.
Damage by the tenant: a specific case
Willful damage or negligence to the towel dryer by the tenant constitutes a specific case that alters the distribution of responsibilities.
What is damage?
Damage is distinguished from normal wear and tear by its abnormal or unpredictable nature within the context of reasonable use of the dwelling. For a towel dryer, the most frequent types of damage are:
- Physical impact that cracked or deformed the appliance's structure
- Suspension of excessive loads on the bars (bicycles, very heavy laundry) causing deformation
- Use as a support or step causing the bars to bend
- Introduction of water or liquid products into the electrical components
- Modification of electrical wiring by the tenant without expertise
How to prove damage vs. normal wear and tear
In case of a dispute, the burden of proof of damage lies with the landlord. This is why the entry and exit inventory (état des lieux) is a crucial document. An entry inventory that mentions a towel dryer in good condition, and an exit inventory that notes a deformation or breakage, allows for the presumption of damage by the tenant.
In the absence of a contradictory inventory, or if the entry inventory does not mention the condition of the appliance, the landlord will have great difficulty in asserting the tenant's responsibility.
⚠️ Advice for landlords: During the entry inventory, specifically mention the condition of each piece of equipment, including the towel dryer: "electric towel dryer, brand X, model Y, in good working order, bars without visible deformation or corrosion." A precise description protects your ability to establish damage at the end of the lease.
Lease clauses: what is valid or void
Some landlords try to insert clauses into the lease agreement that transfer costs normally borne by the landlord to the tenant. It is important to be able to recognize these clauses and know their legal value.
Null and Void Clauses
All clauses that:
- Require the tenant to replace obsolete equipment (towel dryer, water heater, etc.) at the end of its normal lifespan
- Force the tenant to bear the cost of major repairs that are the responsibility of the owner
- Stipulate that the tenant must return the equipment "in new condition" at the end of the lease
- Provide for the replacement with new equipment by the tenant of an obsolete, degraded appliance, without applying the wear and tear grid
These clauses, even if signed by the tenant, cannot be enforced against them. They are deemed unwritten by law.
Valid Clauses
However, certain clauses are perfectly valid:
- The obligation of routine maintenance by the tenant (cleaning, small repairs)
- The obligation to report breakdowns within a reasonable time
- The attachment of a wear and tear grid to the lease (which specifies the lifespan of the equipment)
- The prohibition from modifying or moving equipment without the owner's consent
✨ For tenants: If your lease contains a clause requiring you to replace equipment at the end of the lease or to bear the cost of repairs that are not your responsibility, this clause is null and void. You can invoke it in case of a dispute without having to have it annulled by a court beforehand.
The most common concrete situations
To concretely illustrate the division of responsibilities, here are the most frequently encountered situations and their legal treatment.
Situation 1: The towel dryer heating element burns out after 6 years
Responsible: The owner.
A heating element burning out after 6 years of normal use constitutes normal wear and tear of an internal component. The owner must cover the repair (replacement of the heating element) or replacement of the appliance. The tenant does not have to pay anything.
Situation 2: The tenant hung a bicycle on the bars and deformed them
Responsible: The tenant.
Using a towel dryer as a bicycle rack constitutes abnormal and abusive use of the equipment. The damage is attributable to the tenant, who will have to reimburse the residual value of the appliance according to the wear and tear grid (and not the new value if the appliance was already several years old).
Situation 3: The towel dryer is 12 years old and no longer heats properly
Responsible: The owner.
A 12-year-old appliance that loses thermal efficiency clearly falls under normal wear and tear. The owner must replace it. The tenant cannot be forced to finance this replacement, even partially.
Situation 4: The tenant never cleaned the towel dryer, which overheats and breaks down
Responsible: Potentially the tenant.
If the owner can demonstrate that the breakdown is directly caused by a clear lack of maintenance (accumulation of dust obstructing the ventilation grilles, for example), the tenant's responsibility may be engaged. In practice, this demonstration is difficult to establish without technical expertise.
Situation 5: The towel dryer breaks down during the owner's vacation
Responsible: The owner, but with a reasonable delay.
The owner's temporary absence does not suspend their obligation to repair, but gives them a reasonable period. The tenant must nevertheless report the breakdown in writing (email or SMS) as soon as they notice it, to establish the start date of the repair obligation.
Situation 6: The tenant buys a new towel dryer themselves and requests reimbursement
Complex situation: The tenant does not have the right to modify the housing equipment without the owner's consent. If they replace the appliance themselves without prior authorization, they generally cannot demand reimbursement for it, unless the owner was in a situation of characterized default (prolonged absence of response despite several written reminders).
The procedure to follow in case of a dispute
If the division of responsibilities is disputed, here is the procedure to follow to resolve the dispute effectively.
Step 1: Formal written notice
The first essential step: send the owner (or the tenant, depending on your position) a registered letter with acknowledgment of receipt precisely describing the problem, reminding them of your legal rights, and setting a reasonable deadline for intervention (generally 15 days to one month). This letter is essential for any subsequent procedure.
Step 2: The Departmental Conciliation Commission
If the formal notice remains unanswered or leads to a disagreement, contact the Departmental Conciliation Commission (CDC) in your department. This procedure is free, mandatory before any court referral for rental disputes, and often leads to an amicable agreement. The CDC issues a reasoned opinion within two months.
Step 3: The Judicial Court
As a last resort, the judicial court (formerly the instance court) rules on rental disputes. For amounts under €5000 (which covers almost all disputes related to a towel dryer), the simplified procedure allows for resolution within a reasonable time without mandatory lawyer representation.
🌿 Useful resource: The ADIL (Departmental Agency for Housing Information) in your department offers free legal consultations on the rights and obligations of owners and tenants. An ADIL advisor can help you assess your situation and draft your letters before any more formal steps.
Towel dryer replacement: the rights of each party
When the question is no longer about repairing but replacing the electric towel dryer, specific rights and obligations apply.
Choice of replacement model
When replacement is the owner's responsibility, they choose the replacement model. The tenant cannot impose a specific model (higher-end, particular brand, specific color). The owner is only required to provide an appliance of equivalent quality and capacity to the old one, suitable for the bathroom's surface area.
Can the tenant install their own towel dryer?
If the owner is slow to replace the faulty appliance and the tenant wishes to install one at their own expense, they must obtain the owner's written consent before any installation. Without this agreement, the tenant cannot demand reimbursement for the new appliance, and the owner could even ask them to return the premises to their original state at the end of the lease.
Tenant's personal equipment at the end of the lease
If a tenant has installed their own towel dryer (with the owner's agreement) during their occupancy, two cases arise at the end of the lease:
- The tenant takes their appliance back and returns the accommodation to its original state (without a towel dryer)
- The tenant leaves the appliance and the owner reimburses them for its residual value according to the wear and tear grid — but this transfer must be formalized by a written agreement between both parties
Owner or tenant: knowing your rights to avoid conflicts
The division of responsibilities between owner and tenant for the electric towel dryer follows a clear logic: routine maintenance and damage are the tenant's responsibility, while normal wear and tear and major repairs are the owner's responsibility. This dividing line, set by the law of July 6, 1989 and the decree of 1987, cannot be modified by contrary contractual clauses.
Whether you are an owner or a tenant, the best protection remains written communication and a precise inventory of fixtures. Prompt reporting of a breakdown, diligent response from the owner, and a detailed inventory of fixtures at entry and exit help avoid the vast majority of disputes related to housing equipment.
Frequently Asked Questions
Can the owner refuse to repair the towel dryer, arguing that it is not essential equipment?
No. As long as the towel dryer was present in the accommodation upon entry and mentioned in the inventory of fixtures, it is part of the equipment that the owner is required to maintain in working order. The notion of "essential" equipment has no precise legal definition, but case law generally considers that any equipment present in the accommodation upon taking possession implies the owner's maintenance obligation.
What to do if the owner refuses to intervene after reporting the breakdown?
If the owner does not respond within a reasonable time after your written report (15 days to one month), send them a formal notice by registered letter with acknowledgment of receipt, reminding them of their legal obligation and setting a new deadline. If the refusal persists, contact the Departmental Conciliation Commission in your department, then the judicial court as a last resort. The ADIL in your department can assist you free of charge with these steps.
Can the tenant withhold rent if the towel dryer is not repaired?
No, withholding rent is illegal in France and exposes the tenant to eviction proceedings for non-payment of rent. Even in the event of a serious breach of obligations by the owner, the tenant must continue to pay their rent and use legal channels (CDC, court) to assert their rights. The only exception is the interim injunction procedure with rent consignment to the court, which is a formal judicial procedure and not unilateral withholding.
Can the owner increase the rent after replacing the towel dryer?
No. The replacement of obsolete or faulty equipment is a legal obligation of the owner, not an improvement to the accommodation. Therefore, it cannot justify a rent revision by this replacement alone. A rent increase can only occur under the conditions and according to the modalities provided by the lease and the law (annual revision according to the IRL, lease renewal, etc.).
What happens if the towel dryer breaks down due to a power outage or a general electrical problem in the building?
If the towel dryer breakdown is caused by an electrical problem external to the accommodation (power surge, building problem), responsibility depends on the origin of the failure. If it is attributable to the general electrical network of the building, the syndic or the building owner is responsible. If it is attributable to the electrical network of the accommodation itself (obsolete installation), it is the landlord's responsibility. In all cases, report the breakdown in writing and keep all evidence of the timeline of events.
