Statement of places of entry into a residential lease
Verified 04 May 2022 - Legal and Administrative Information Directorate (Prime Minister)
Additional cases ?
A statement of the places of entry must be made when the keys are handed over (in practice, on the day the lease is signed) and attached to the lease agreement. This document describes the condition of the accommodation and its equipment at the entrance to the premises of the tenant. A new inventory will be made when the tenant leaves the dwelling and returns the keys. In case of litigation, the comparison of these 2 documents allows to establish the responsibilities of each party.
The landlord and the tenant must see the state of the places of entry together, with mutual agreement and in good lighting conditions. The accommodation shall contain the equipment mentioned in lease.
These documents must be made in writing in 2 copies (one copy for the tenant, the other for the owner)
- by the owner and the tenant (or a third party authorised by them: real estate agent for example)
- or judicial officer if the assessment cannot be made amicably.
The form of the document shall allow comparison of the housing conditions observed at the entrance and exit of the premises. The entry and exit status can be completed:
- on a single document, with a column for each roomat the entrance of the tenant" and column "at the exit of the tenant"
- or on separate documents with a similar presentation.
Please note
in order to compare the condition of the dwelling at the entrance and exit of the premises, the tenant and the lessor may agree to apply a ageing grid upon signing the lease agreement.
The inventory shall be drawn up in paper or electronic form.
The inventory shall be handed over to each party (lessor, tenant) or their agent by hand or by dematerialisation at the time of signature.
The state of entry must accurately describe the accommodation and equipment it contains. It also notes its conservation status. It shall include at least the following information:
- Location Type: state of entry
- Date of establishment of the inventory
- Location
- Name or name of the parties (tenant, lessor) and domicile or head office of the lessor
- If applicable, name or name and domicile or registered office of the persons authorised to carry out the inventory
- Where applicable, records of individual water or energy consumption metres (i.e. where rental charges are not paid by the flat)
- Keys or other means of access to premises for private or common use
- For each room and part of the dwelling, a precise description of the condition of the floors, walls and ceilings, the equipment and the elements of the dwelling. It can be supplemented with observations or reservations and illustrated with images.
- Signature of the parties (tenant, landlord) or persons authorised to carry out the inventory.
FYI
at the time of completing the entry status, the tenant may, in particular, express reservations about the document if, for example, water, gas or electricity metres are not connected.
Friendly 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.
Statement of disputed premises (rental report)
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.
The tenant may ask the lessor or his representative to change the entry location within 10 calendar days the date of the survey for any housing-related items. He may also request it on 1to month of the heating period for the condition of the heating elements.
If the landlord refuses to change the condition, the tenant can enter the departmental conciliation board on which the house depends.
If the accommodation is equipped with heating or hot water (individual or collective with an individual counting), the landlord or his representative completes the state of the places of entry (and the state of the places of exit when the tenant leaves) by the index readings for each energy.
FYI
the summary of the situation corresponding to this information shall be made available to the professional responsible for drawing up the energy performance diagnostics (DPE).
Répondez aux questions successives et les réponses s’afficheront automatiquement
By refusal of the owner (formal notice not effective)
When the landlord refuses to report the places of entry, the tenant must send a notice to do it.
If the landlord persists in his refusal, he will have to prove at the end of the lease that he has given the dwelling in good condition to assert the damage caused by the tenant.
By refusal of tenant
The tenant is considered to have received the accommodation in good condition rental repairs. He will have to make it fit for rental repairs unless he can prove the original bad condition of the house. The proof can be provided, for example, by means of photographs taken by an usher (fee-for-service).
For other repairs (work of lessor or dilapidated of the premises), it is up to the landlord to prove that they are attributable to the tenant.
By negligence of landlord and tenant
The tenant is considered to have received the accommodation in good condition rental repairs. He will have to make it fit for rental repairs unless he can prove the original bad condition of the house. The proof can be provided, for example, by means of photographs taken by an usher (fee-for-service).
For other repairs (work of lessor or dilapidated of the premises), it is up to the landlord to prove that they are attributable to the tenant.
Litigation less than or equal to 5 000 €
Email recommended
If you can't speak to yourself, you can send a registered email with acknowledgement.
The letter must describe the facts as precisely as possible.
You have to attach documents to support your proposal (laws, regulations, invoices, photos...).
Reconciliation (required)
If you are not successful with the registered mail, you must reconcile with:
This procedure is free.
Seize judge
You refer the matter to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it after the dispute has arisen.
Litigation over € 5,000
Email recommended
If you can't speak to yourself, you can send a registered email with acknowledgement.
The letter must describe the facts as precisely as possible.
You have to attach documents to support your proposal (laws, regulations, invoices, photos...).
Reconciliation (optional)
If you are not successful with the registered mail, it may be helpful to have conciliation with:
This is optional.
It's always free.
Seize judge
You refer the matter to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it after the dispute has arisen.
Who can help me?
Find who can answer your questions in your region
- Departmental Agency for Housing Information (Adil)
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.
- Act No. 89-462 of July 6, 1989 on rental reports: Article 3-2State of play (general rules)
- Decree No. 2016-382 of March 30, 2016 on the establishment of the state of the property and the taking into account of the age of the rented accommodation for use as a main residenceRealisation and content of the inventory, taking into account the age of the dwelling
- Civil Code: Article 1731Presumption of receipt of premises in good condition in the absence of an inventory
- Act No. 89-462 of July 6, 1989 on rental reports: Article 7-1Time limit for referral to judge