Landlord used your spare key while you were away: what French law says and €15,000 fines today

Landlord used your spare key while you were away: what French law says and €15,000 fines today

Doubt creeps in, and privacy feels fragile.

Across France, tenants face the same nagging thought: could the landlord who holds a spare key unlock the door without warning? The answer hinges on clear rules that many people overlook, especially as autumn draws families back indoors.

Where your privacy begins

Once you sign a tenancy agreement in France, the rented flat or house becomes your private home. The owner keeps title, but you hold the keys to daily life. Your right to peace and privacy applies every day, at all hours. The door does not open for a casual inspection or a “quick check”. Consent sits at the heart of the rule.

No consent, no entry. A landlord who holds a spare key still needs your permission for every visit, every time.

French law treats the home as inviolable. That principle applies whether you rent a studio or a family house. It makes no distinction for weekdays, weekends, holidays, or seasonal maintenance. The only recognised exception is a genuine emergency that threatens people or property.

The spare key myth: what owners can and cannot do

Keeping a duplicate key is common. Many owners keep one for meter readings, technical visits, or handovers. Holding a copy is lawful. Using it without your agreement is not. The difference matters. A landlord who lets themselves in without your say‑so risks criminal penalties, even if nothing breaks and nothing goes missing.

Emergencies that justify entry

Only immediate danger justifies entry without prior approval. Think leaks that soak ceilings, gas odours, smoke behind a door, or alarms that suggest imminent harm. In such cases, the owner or building manager may act to protect safety and limit damage. They should still inform you as soon as possible and document what happened.

  • Major water leak or burst pipe affecting neighbouring flats
  • Fire, smoke, or a triggered alarm indicating danger
  • Gas leak or suspected carbon monoxide risk
  • Structural risk that requires urgent shoring

Everything else needs consent and notice

Repairs, viewings, meter checks, and routine maintenance all require your agreement. Best practice is written notice and a time slot agreed at least 24 hours in advance. That includes pre‑winter boiler servicing or window checks. Convenience never qualifies as an emergency.

Scenario Entry without consent lawful? What should happen
Boiler service before cold weather No Owner requests a slot; you agree a day and time
Water pouring through ceiling to neighbour Yes, if immediate danger Emergency access to stop the leak; owner informs you promptly
Prospective tenant or buyer visit No Appointment arranged; you choose a reasonable time window
Reading a meter No Agreed visit or remote/photographic reading by arrangement
Owner “wellbeing” check while you are away No Prohibited; contact you instead

Emergencies involve imminent risk to people or property. Everything else requires your express approval and a scheduled visit.

Penalties and remedies you can use

Unlawful entry is not a private quarrel. It is a criminal offence. Violation of the home can lead to up to one year in prison and a fine of €15,000. Those figures focus minds. They also give tenants leverage when conversations stall.

  • State your position clearly by message or letter. Quote the rule: no entry without consent except emergencies.
  • Send a recorded letter that sets boundaries and logs the date.
  • Keep proof: photos of moved items, screenshots of messages, witness notes.
  • Change the lock cylinder at your expense for security, after notifying the owner. Keep the original to restore at the end of the lease if asked.
  • File a police complaint if the conduct continues or if harm occurs.

Courts can sanction unlawful access even when no damage occurs. The breach of your private home is the harm.

How to reset control of your front door

Start by setting firm rules in writing. Explain that any access must be requested in advance and confirmed by you. Offer two or three time windows if a repair is needed. Keep communication courteous and precise. Precision deters boundary‑pushing.

If you change the cylinder, choose a like‑for‑like model that fits the existing door. Costs often range from €30 to €120 for a basic cylinder, or €150 to €250 with a locksmith’s visit. Keep the old part safe. That choice restores peace without breaching the lease, because you can put the original back when you move.

A short template you can adapt

Subject: Access to my home – consent required
I remind you that my home cannot be accessed without my prior agreement, except in a proven emergency. For any non‑urgent visit (repairs, checks, viewings), please propose dates at least 24 hours in advance so we can agree a time slot. Any further unannounced entry will lead me to take appropriate action.

Autumn scenarios that cause friction

Cold snaps trigger boiler checks, draught fixes, and insulation work. Owners may push for rapid visits. That pressure does not change the rule. Ask for written details of the task, the contractor’s name, and proposed slots. Confirm your choice in writing. If the contractor cannot attend at the agreed time, the visit should be rebooked, not forced.

Short trips away also create temptation. An owner might seek to “check everything” while you are gone. Resist that logic. Suggest a photo of the meter or a video call if a simple verification helps. You remain the gatekeeper of the lock.

What to do if you suspect entry

Act methodically. Photograph the state of rooms. Note dates and any changes you can identify. Ask neighbours whether they noticed visitors. Write to the owner the same day. Calmly request an explanation and remind them of the law. Escalate only if needed.

  • Document first impressions within hours, not days.
  • Request any supposed “emergency” details in writing.
  • Reassert that future access requires your go‑ahead and scheduling.

Useful terms and a quick reality check

“Violation de domicile” refers to entering or remaining in someone’s home without consent. The concept applies to tenants as well as owners. Your signed lease places you in control of the premises during the term, subject to normal obligations such as care and rent.

A common worry is the fear of damaging relations. Clear boundaries often improve relations over time. Owners benefit from predictable access and safer properties. Tenants benefit from trust and calm. Both sides gain when emergencies are clearly defined and appointments stick to agreed windows.

If you plan ahead, you limit risk

Add a short clause to emails or messages that confirms access rules every time a visit comes up. Keep a simple log of dates, time slots, and outcomes. Prepare spare keys for your chosen contact in case of a real emergency while you are away, and state that only emergency services may use them. Build these habits now, before the next cold front arrives.

If you want extra reassurance, fit a cylinder with registered keys, or a smart lock that records entries. Combine that with a door sensor and you get a verifiable timeline. Technology does not replace consent. It reinforces it with proof when memories differ.

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