Can I ask for double-glazing?
Can I ask for double-glazing?
"When I visited the flat I've been living in for the last 11 months, the landlord mentioned plans to change the windows. The windows are single-glazed, and the people living on the first floor feel like they're living on the road below. What's more, the air passes under the windows, forcing me to turn the heating up to maximum throughout the winter. Today, the local authority has done nothing. What should we do?
J., Onex
The presence of a defect when the keys to a flat are handed over is an issue governed by article 258 of the Code of Obligations (CO). This stipulates that if the lessor delivers the property with defects that preclude or considerably hinder the use for which it was rented and the tenant accepts it despite these defects, the latter may nevertheless assert certain rights.
These rights vary according to the extent of the interference with the agreed use of the property and include, in particular, the restoration of the property, a proportional reduction in the rent or the deposit of the rent under certain strict conditions.
In the situation you describe, the first condition for asserting the above rights is to ensure that the acoustic and thermal insulation does not comply with the standards or that the lack of insulation objectively hinders the use of your flat. If the cold and noise you are complaining about do indeed constitute a defect, you may, after duly informing the landlord, demand that it be repaired within a reasonable period of time or request a reduction in the rent. In theory, you could also ask for the work to be carried out by a third party or for the rent to be deposited, but because of the nature of the work and the very high costs involved, these options do not seem appropriate.
A distinction needs to be made between repair work and renovation work, as generally only the former can be claimed under the warranty against defects. However, the distinction between the two becomes tricky when repairing the defect involves modernisation work, as in this case. Installing double glazing involves very costly work that cannot always be demanded of a landlord, particularly if the building is in an advanced state of disrepair or is due to be completely renovated or demolished. Finally, it should not be forgotten that replacing single-glazed windows with double-glazed windows represents a substantial increase in the value of the flat, which may lead to an increase in rent.
