A violent gust, a night storm, and suddenly your gate is lying on the ground or bent. Who has to pay the bill? The answer is not always straightforward and often depends on the initial condition of the installation and the intensity of the weather event. Between wear and tear, force majeure, and lack of maintenance, here is how to distinguish fact from fiction to know whether the tenant or the landlord must pay.
The basic rule for gate maintenance
To understand responsibilities, one must first distinguish between structural work and routine maintenance. According to the law, the tenant is responsible for routine maintenance and minor repairs. This means they must ensure the gate remains clean, grease the hinges, or replace a small wear-and-tear part like a handle. If the damage occurs because the tenant neglected these basic tasks, they may be held liable.
Conversely, the landlord (or lessor) is responsible for repairs related to the building’s structure, wear and tear, or a construction defect. They must provide decent housing and equipment in good working order. If the gate falls because the pillars had been crumbling for years or the metal was eaten away by rust long before the tenant arrived, it is up to the landlord to cover the replacement.
The case of storms and force majeure
When wind is the primary cause of damage, it often falls under the scope of force majeure. If an exceptional weather event (whether or not recognized as a natural disaster) destroys a gate in good condition, it is not the tenant’s fault. Legally, the tenant is not responsible for damage caused by force majeure.
In this specific scenario, it is therefore up to the landlord to take charge of the repairs or the full replacement of the gate. It is their property that has suffered damage. They cannot require their tenant to pay for damage caused by a storm, unless they can prove that the tenant committed a serious fault, such as leaving the gate wide open and unsecured during a storm warning.
Using home insurance
As soon as the damage is noted, the first reflex should be to contact your insurer. Generally, the gate is considered a real estate element (fencing). Therefore, it is the non-occupant owner insurance (PNO) or the landlord’s multi-risk home insurance that should be called upon to cover structural damage caused by the wind.
The tenant should still notify their own insurer, especially if the falling gate damaged their personal property (their car parked right behind it, for example). It is crucial to review the general terms and conditions of your contract, as certain “garden” or “outdoor fittings” guarantees can vary, including or excluding fences depending on the wind speeds recorded by the local weather station.
When wear and tear changes the situation
A frequent point of conflict lies in the age and condition of the gate. If the gate broke under moderate wind because it was rotten or too old, the concept of wear and tear applies. The law is clear: the tenant never has to pay for normal wear and tear over time.
If the landlord refuses to pay, claiming poor maintenance, the tenant can rely on the move-in inventory. If this document already mentioned a gate that was “worn,” “rusty,” or “difficult to close,” the responsibility lies entirely with the landlord. It is their duty to replace equipment that has reached the end of its life to ensure the safety and peaceful enjoyment of the property.
Choosing a resistant gate to avoid recurrence
If the gate must be changed, it is the right time for the landlord to opt for a more durable solution capable of withstanding future weather conditions. Replacing a fragile old wooden gate with an aluminum or galvanized steel model is a cost-effective investment that avoids recurring disputes.
At Districlos, we advise landlords to prioritize robust materials and professional installations. Whether for a swing or sliding gate, the quality of the installation and the choice of a product adapted to windy areas (such as openwork models that offer less wind resistance) are essential for the tenant’s peace of mind and the enhancement of the landlord’s property.
Expert in fencing, gates, and outdoor landscaping since 2019.
Holds a Master’s degree in Digital Marketing – SEO, UX/UI.
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