Can the tenant be charged for the accommodation?
Verified 04 May 2022 - Legal and Administrative Information Directorate (Prime Minister)
When the inventory cannot be made amicably or in an adversarial manner (the lessor or the tenant is not present), you must ask a judicial officer to rental report act, 1989. The bailiff's fees are then to be shared for half between the lessor and the tenant.
Entry Status
When the inventory is made through a professional (real estate agent...), part of the expenses must be paid by the tenant.
However, the share paid by the tenant may not exceed:
- The share paid by the owner
- and a maximum amount of €3 VAT per m² living area.
Example :
For a dwelling of 25 m² of living space, the maximum amount payable by the tenant should be €75 (obtained by: 25x €3).
- If the location is charged €170, the tenant's share may be up to €75 and the share of the owner is €95 (obtained by €170 - €75).
- If the location is charged €100, the tenant's share must be €50 (obtained by €100 divided by 2), as the share due by the tenant cannot be higher than that of the owner.
When one of the parties (tenant or owner) refuses to establish the state of the scene in a contradictory manner by not presenting himself, either party may appeal to a judicial officer.
Please note
the bailiff shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he will carry out the rental report.
The amounts requested by the bailiff vary according to the surface of the accommodation.
Housing surface | Tariff (VAT included) |
---|---|
Up to 50m² | Fee: €131.50 + Convening letters: €17.88 + Travel: €9.20 |
More than 50 m² and up to 150 m² | Fee: €153.20 + Convening letters: €17.88 + Travel: €9.20 |
More than 150 m² | Fee: €229.81 + Convening letters: €17.88 + Travel: €9.20 |
The total cost is shared for half between the landlord and the tenant.
Exit Location Report
The tenant does not have to pay for the establishment of the exit status (e.g.: check-out fees charged by the estate agency).
Any clause in the lease that imposes on the tenant the payment of the inventory is abusive. It must be considered unwritten.
When one of the parties (tenant or owner) refuses to establish the state of the scene in a contradictory manner by not presenting himself, either party may appeal to a judicial officer.
Please note
the bailiff shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance of the day on which he will carry out the rental report.
The amounts requested by the bailiff vary according to the surface of the accommodation.
Housing surface | Tariff (VAT included) |
---|---|
Up to 50m² | Fee: €131.50 + Convening letters: €17.88 + Travel: €9.20 |
More than 50 m² and up to 150 m² | Fee: €153.20 + Convening letters: €17.88 + Travel: €9.20 |
More than 150 m² | Fee: €229.81 + Convening letters: €17.88 + Travel: €9.20 |
The total cost is shared for half between the landlord and the tenant.
Who can help me?
Find who can answer your questions in your region
The informants who answer you belong to the ministry responsible for housing and city planning.
Service available during the following hours:
- Monday: 8:30 - 17:30
- Tuesday: 8:30 - 12:15
- Wednesday: 8:30 - 12:15
- Thursday: 8:30 - 17:30
- Friday: 1 pm to 4.15pm
Cost: free service
Attention: the service does not have access to users ' personal records and therefore cannot provide information on their status.
- Departmental Agency for Housing Information (Adil)
- Act No. 89-462 of July 6, 1989 on rental reports: Article 5Statement of places of friendly entry made by an intermediary
- Decree No. 2014-890 of 1 August 2014 on the ceiling of fees charged to tenantsStatement of places of friendly entry made by an intermediary: tenant fee
- Departmental Response of September 15, 2015, on Exit Location Report Billing
- Act No. 89-462 of July 6, 1989 on rental reports: Article 3-2Locator
- Act No. 89-462 of July 6, 1989 on rental reports: Article 4Unfair clause (Article 4k)
- Order of 23 February 2022 fixing the regulated tariffs of judicial officers
- Banned clauses in a leaseService-Public.fr