The inventory makes it possible to compare the condition of the accommodation at the start and end of the lease.
There are therefore 2 inventory to be made: One at the entrance and the other at the exit of the rented accommodation.
The inventory of fixtures is established by the tenant and his lessor on the day of handing over the keys. It is formalized in writing or by digitization.
It is free and contradictory.
The parties can make observations or express reservations (letters, photos) in the 10 days of its establishment. If the electricity is cut during the inventory, it is advisable to make reservations and check the operation of the electricity network as soon as the meters are opened.
There must be as many copies of the inventory as there are parties (tenants, co-tenants, sureties, etc.) and must be appended to the lease contract.
It is an important act because it will serve as a reference for the state of exit of the premises.
The bailiff's report
It is possible to bring in a bailiff to establish an entry report.
It is the hypothesis where the inventory gives rise to a disagreement between the lessor and the tenant, or on the contrary to anticipate future disputes.
The bailiff must notify the parties of his intervention by registered letter with acknowledgment of receipt at least 7 days before the inventory.
The costs of the bailiff's report will be shared and charged to both parties, and whether they agree or not for his intervention.
The content of the inventory
The state of play of entry:
- The date of establishment
- The location of the accommodation (address, floor, etc.)
- The name or denomination of the parties and the domicile or registered office of the lessor; If applicable, the name or denomination and the domicile or registered office of the persons authorized to carry out the inventory
- Readings of individual water or energy consumption meters;
- Details and destination of keys or any other means of access to premises for private or common use (code, digital code, etc.)
- For each room and part of the accommodation, a precise description of the condition of the floor, wall and ceiling coverings, equipment and elements of the accommodation.
- Specify the internet connection conditions and the television reception methods
- The signature of the parties who participated in the inventory
Good to know:
Private use premises are all the accessories of which the tenant for the exclusive use: The cellar, the attic, the garage, the parking…
Private use equipment are all the equipment of the accommodation: Fitted kitchen…
Common use equipment and accessories are: the bicycle garage, the lift, the garbage room, green spaces, play areas, etc.
All these equipment and accessories must be specified in the lease contract at the risk of being refused access.
The use and maintenance of this equipment and accessories enter into the payment of charges
To note :
During the winter, 1 month after switching on the heating means, the inventory can be completed taking into account their good or bad functioning.
The exit inventory:
The above elements will be taken up and completed by:
- the address of the tenant's new home or place of accommodation,
- Changes in the condition of each room and part of the accommodation observed since the establishment of the entry inventory
- The date of completion of the inventory of entry, exit
- The signature of the parties
The lack of an inventory of the premises
The inventory of entry and exit is the only proof attesting to the condition of the accommodation.
It is the only document making it possible to attest to the good faith of either party when leaving the premises.
In the event of a conflict, if the owner refuses to return the deposit or requests the execution of work, claiming damage, only the inventory of fixtures will allow the dispute to be settled.
What if one of the parties evades the establishment of the inventory?
If the owner refuses to make the inventory of the premises:
The tenant can put it in default by registered mail with acknowledgment of receipt to make the inventory of entries of the premises. If the owner refuses or does not answer, a problem of proof will arise for him in the event of a dispute during the inventory of fixtures of the exit (damage…).
He will indeed have to demonstrate that the room was in good condition when the tenant entered it (photos, execution of work, etc.).
If the tenant refuses to make the state of entry into the premises:
He will be deemed to have taken possession of compliant accommodation (which does not say a word consent).
Good faith will work in favor of the owner.
What happens if there is too much difference between the entry and exit inventory?
This is surely the biggest fear for a landlord who rents his home. At the time of the inventory of fixtures, the apartment is too ransacked or at least, the deposit paid at the beginning of the signing of the lease does not cover the entire cost of the accommodation. Can the tenant be sued? Can the owner ask for more than the deposit? To follow, some answers via this additional information.
The tenant's obligations
When the contract between the lessor and the lessee is signed, the lessee undertakes to pay his rent and take care of the accommodation. He must return it as he collected it. He can repaint the walls in a different color to that present as long as this does not prevent the owner from re-renting behind. Most of the damage to housing is therefore at the expense of the tenant, except in the case of damage due to common areas and normal wear and tear of the accommodation.
If the repairs are greater than the deposit
If the tenant has not repaired the accommodation, the owner will have to assess the amount of the damage. There must be quotes and supporting invoices in the event of work. If the costs do not fall within the amount of the deposit, the owner is entitled to request reimbursement of the difference. Compensation for damage can take place in court if the tenant refuses to pay.
We advise all owners to subscribe to a “unpaid rent” insurance. In most insurance contracts of this type, you will find a clause which stipulates the coverage of property degradation on rented and unfurnished dwellings.
