No call-up to the state of play 7 days before, no sharing of costs

Article 3(2) of the Law of 6 July 1989, which is intended to improve rental relationships, states that, in the absence of an amicable inventory, it may be carried out by a justice commissioner, at shared cost. In this case, the parties are informed by the Commissioner of Justice at least 7 days in advance, by registered letter with request for notice of receipt.

A landlord applies to the court to obtain from its tenants reimbursement of half the cost of the exit inventory drawn up by a court commissioner. The tenants refuse to sign the amicably drawn up state of affairs, and a commissioner of justice is mandated by the landlord to carry it out. He summoned the tenants less than 7 days before the date on which the recording operations were carried out. One of the tenants is present on the premises. The Court of Appeal infers from this that, even if the legal time limit has not been complied with, failure to comply with that time limit does not harm the tenants.

The Court of Cassation opposes that decision. Where the parties have not been summoned by registered letter with acknowledgement of receipt at least 7 days in advance, the person who has taken the initiative of having the state of affairs drawn up by a Commissioner of Justice cannot obtain reimbursement of half of his cost.