Can the tenant be charged for the condition of the premises?
Verified 04 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
When the inventory cannot be done amicably or in a contradictory way (the lessor or the tenant not being present), it is necessary to ask commissioner of justice (former bailiff and judicial auctioneer) to carry out a rental finding 1989 act. The bailiff's expenses are then to be shared for half between the lessor and the tenant.
The rules differ depending on whether the state of the place of entry or exit is concerned.
Entrance
When the entry is made through a professional (real estate agent...), part of the costs must be paid by the tenant.
However, the proportion paid by the tenant may not exceed:
- half of the fees charged by the real estate agency
- and a maximum amount, of €3 TTC: titleContent per m² of living space.
Example :
For a house is 25 m², if the inventory is invoiced €170 TTC:
- Half of the fees charged are equal to €170 / 2 = €85
- The maximum amount attributable to the tenant is: 25 x €3 = €75
So the tenant has to pay €75 (because €75 is less than €85) and the owner must pay the remaining amount, either €95 (obtained by €170 - €75).
Example :
For a house is 25 mths², if the inventory is invoiced €100 TTC:
- Half of the fees charged are equal to €100 / 2 = €50
- The maximum amount attributable to the tenant is: 25 x €3 = €75
So the tenant has to pay €50 (because €50 is less than €75) and the owner must pay the remaining amount, either €50 (obtained by €100 - €50).
You can help yourself with this simulator:
Real estate rental: share the costs of the state of the premises
Where one of the parties (tenant or landlord) refuses to establish the state of affairs in a contradictory manner by failing to appear, either party may call upon a Commissioner of Justice.
Please note
the commissioner of justice shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he is going to carry out the rental statement.
The sums requested by the Commissioner of Justice (formerly bailiff and judicial auctioneer) vary according to the surface area of the dwelling.
Housing surface | Price List (VAT included) |
|---|---|
Up to 50 m² | Fees for acts: €131.50 + Convening letters: €17.88 + Travel: €9.20 |
More than 50 m² and up to 150 m² | Fees for acts: €153.20 + Convening letters: €17.88 + Travel: €9.20 |
More than 150 m² | Fees for acts: €229.81 + Convening letters: €17.88 + Travel: €9.20 |
Half of the total cost is shared between the landlord (lessor) and the tenant.
Exit
The tenant does not have to pay for the establishment of the exit site list (for example: the exit site list fees charged by the real estate agency).
Any clause in the lease that requires the tenant to pay for the condition of the premises is abusive. It must be considered unwritten.
Where one of the parties (tenant or landlord) refuses to establish the state of affairs in a contradictory manner by failing to appear, either party may call upon a Commissioner of Justice.
Please note
the commissioner of justice shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he is going to carry out the rental statement.
The sums requested by the Commissioner of Justice (formerly bailiff and judicial auctioneer) vary according to the surface area of the dwelling.
Housing surface | Price List (VAT included) |
|---|---|
Up to 50 m² | Fees for acts: €131.50 + Convening letters: €17.88 + Travel: €9.20 |
More than 50 m² and up to 150 m² | Fees for acts: €153.20 + Convening letters: €17.88 + Travel: €9.20 |
More than 150 m² | Fees for acts: €229.81 + Convening letters: €17.88 + Travel: €9.20 |
Half of the total cost is shared between the landlord (lessor) and the tenant.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry in charge of housing and city planning.
Cost: free service
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Departmental Agency for Housing Information (Adil)
- Law No. 89-462 of 6 July 1989 on rental relationships: article 5Amicable entry by an intermediary
- Decree No. 2014-890 of 1 August 2014 on capping fees charged to tenantsAmicable entry made by an intermediary: costs of the tenant
- Ministerial response of 15 September 2015 on the invoicing of exit records
- Law No. 89-462 of 6 July 1989 on rental relationships: article 3-2Rental finding
- Law No. 89-462 of 6 July 1989 on rental relationships: article 4Abusive clause (Article 4k)
- Order of 23 February 2022 fixing the regulated tariffs of judicial officers (now called Commissioners of Justice)
- Prohibited clauses in a leaseService-Public.fr