Is the inventory of fixtures upon leaving a rental obligatory?
As indicated article 3 -2 of law n°89-462 of July 6, 1989, the inventory of fixtures upon entry and exit from a rental is mandatory.
What work and cleaning must the tenant carry out before the exit inventory?
The tenant must restore the accommodation to good rental repairs. Thus, he must ensure that he has accomplished the tasks incumbent on him under Decree No. 87-712 of August 26, 1987. For example:
- Routine maintenance of gardens, in particular paths, lawns, flowerbeds, ponds and swimming pools; pruning, pruning, weeding of trees and shrubs;
- The lubrication of window hinges, hinges and hinges as well as minor repairs to door knobs and handles, hinges, cremones and Spanish bolts; replacement of bolts, keys and bolts in particular;
- Lubrication of locks,
- Repairing joints in sanitary areas (sink, shower, etc.).
The accommodation must also be left in a suitable state of cleanliness, as when entering the premises.
Who sets the exit inventory date?
The owner sets the exit inventory date when he receives the tenant’s notice. This fixation takes place by sending a registered letter in return with acknowledgment of receipt.
Of course, the tenant can request a postponement if the date is not possible.
When to take inventory of the exit premises?
Usually, the exit inventory takes place when the tenant is going to leave the accommodation. Thus, the date of the exit inventory corresponds to the actual departure of the tenant or very shortly afterwards.
How to make an exit inventory?
Process and content
The inventory is established jointly and amicably by the parties or by a third party mandated by them and attached to the rental contract.
This means that it can be carried out amicably by the owner and the tenant present on the appointed day on site. But he can also work with a professional mandated by the lessor such as a real estate agent or his property manager.
The goal is to take inventory of the condition of the housing, room by room.
The exit inventory document must be drawn up in the same form and in as many copies as there are parts when returning the keys.
The exit inventory includes the elements referenced in the lease. It must be produced in the same form as the entry inventory for practical comparison purposes.
In practice, it can be either:
- A single document (entry and exit inventory) including a box for entry into the premises and a box for exit
- Two different documents but which have the same presentation.
The inventory can be made in writing on paper or in electronic form. It can therefore be submitted on paper or in electronic form.
What can the owner retain from the deposit after the exit inventory?
The tenant may be liable for an amount withheld from the deposit or security deposit due to damage noted in the accommodation during the exit inventory.
The amounts withheld by the owner must be supported by invoices.
What is the deadline for contesting an exit inventory?
The time limit for contesting an inventory is three years from its completion.
What to do if the landlord does not return the security deposit?
If the owner does not return the security deposit within the stipulated period, the tenant can give him formal notice to return it.
In the meantime, the amount of the security deposit to be returned to the tenant bears interest. Indeed, for each month of delay started, the amount to be returned increases by an amount equal to 10% of the monthly rent excluding charges.
When, despite the registered letter sent, the owner refuses to return the security deposit, the tenant must take new steps.
If the security deposit is for an amount less than 5,000 euros, the tenant must initiate an amicable procedure with either a legal conciliator, the departmental conciliation commission or a civil mediator.
If the security deposit is greater than the sum of 5,000 euros, the tenant can directly appeal to the judge of the judicial court.
How much does an exit inventory cost?
The cost of the exit inventory differs depending on the situation.
Thus, an inventory carried out amicably by an owner and a tenant does not incur any costs.
On the other hand, the owner who calls in a professional to carry out the exit inventory must pay him. These costs are his sole responsibility.
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