State of Play: the rules to be respected in 2021

Real Estate

Carrying out an inventory obeys certain constraints. These are defined by law and in particular by a decree published in 2016  which  sets the procedures for establishing an inventory  for rental accommodation.

The rules applicable when the tenant enters

When you sign a new rental contract with a tenant for the purpose of housing for sale intended to become his main residence,  it is strongly recommended to carry out an inventory of the accommodation and its annexes when handing over the keys to the tenants . 

Carrying out an inventory report is necessary to protect against damage that the tenant could cause and that would be noted when leaving. 

Indeed, it is by comparing  the state of exit with the state noted during the inventory of fixtures of entry  that it will be possible  to impute the responsibility for the deteriorations to the tenant and therefore to make him bear the cost. reclamation.

To be compliant,  an inventory must include certain mandatory information  and  respect a certain formalism . The indications that must be entered in an inventory form are described in a decree of  March 2016  :

– The type of inventory  (entry or exit)

– The date of completion

– The  precise address of the rented accommodation

–  The name and address  of the lessor

– The name of the tenant (s)

–  Energy meter and water meter  readings

– The details of the keys given  (same for badges and other “beeps”)

– The precise description of the condition  of the floors, walls and ceilings, of the equipment and elements of each room in the accommodation

– The signature of the lessor  (or his representative) and  of the tenant (s)

It is possible, but not compulsory, to attach photos to the inventory to illustrate the inventory and to provide a visual overview of the condition of the accommodation. In order for the photos to be considered reliable,  each party must date and sign the photos.

The inventory must take place in  sufficient light conditions and the accommodation must be empty  of any element that will not be left available to the tenant. Regarding the heating equipment, the tenant can make observations during the first month of heating in order to complete the initial inventory if necessary.

The inventory report must be written in a contradictory manner , this means that the parties or their representative must be present on the day it is carried out and must then initial and sign it . If the tenant notices certain defects after entering the premises, he has  10 days  to review the inventory with the owner.

Finally, you should know that in the absence of an entry inventory, the tenant will be presumed to have received  the accommodation in good condition for rental repairs.

The rules to be observed when leaving the tenant

When the tenant leaves the accommodation, it is also very important to carry out  an inventory of the RS property leaving.  It is indeed at this time that the lessor will check whether the lessee has maintained the property in accordance with what is incumbent on him. 

This step is all the more important for the lessor as the absence of an exit inventory implies  the presumption of the good condition of the accommodation upon the departure of the tenant.

The decree on the inventory of fixtures  provides that at the exit, the model used must make it possible to  easily compare the inventories of entry and exit . The exit inventory must also indicate the tenant’s new address.

The law also provides that during the inventory of fixtures of the exit,  the lessor must take into account the normal dilapidation and cannot make bear the cost of it to the tenant . 

For this, the law proposes to the lessor and the tenant to agree on a grid of obsolescence having been the subject of a collective agreement elsewhere.

If the contradictory inventory is not possible, either party may  call on a bailiff to carry out the inventory . In this case, the bailiff’s fees will be shared for half each.

Rules specific to the Covid health crisis

Due to the health crisis caused by Covid-19, the inventory must be carried out during hours outside of the curfew.  Each participant must take care to respect barrier gestures, in particular by keeping  a distance of at least one meter and wearing a mask.

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