Location of entry into a dwelling lease
Verified 04 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
An entry inventory must be carried out when the keys are handed over (in practice, on the day the lease is signed) and attached to the lease contract. This document describes the condition of the dwelling and its equipment upon entry into the premises of the tenant. A new inventory will be made when the tenant leaves the accommodation and returns the keys. In case of dispute, the comparison of these 2 documents makes it possible to establish the responsibilities of each party.
The landlord and the tenant must establish together the state of the premises of entry, by mutual agreement and under good lighting conditions. The housing must contain the equipment mentioned in lease.
These documents must be drawn up in writing in 2 copies (one copy for the tenant, the other for the owner)
- amicably by the owner and the tenant (or a third party mandated by them: real estate agent for example)
- or by commissioner of justice (former bailiff and judicial auctioneer) if the inventory cannot be carried out amicably.
The form of the document must allow comparison of the condition of the dwelling observed when entering and leaving the premises. Entry and exit records may be made:
- on a single document, comprising for each room of the housing a column "at the entrance of the tenant" and a column "at the tenant's exit"
- or on separate documents having a similar presentation.
Please note
in order to compare the condition of the dwelling observed when entering and leaving the premises, the tenant and the lessor may agree to apply a dilapidated grid the signing of the lease agreement.
The inventory shall be prepared in paper or electronic form.
The state of play shall be delivered by hand or by dematerialized means to each of the parties (lessor, tenant), or to their representative, at the time of its signature.
The inventory of the place of entry must accurately describe the accommodation and the equipment it contains. It also notes its state of conservation. It shall contain at least the following information:
- Type of inventory: inventory of entry locations
- Date of preparation of the inventory
- Location of the accommodation
- Name or name of the parties (lessee, lessor) and domicile or registered office of the lessor
- If applicable, name or name and permanent address or registered place of business of the persons authorized to carry out the inventory
- Where applicable, readings of individual water or energy consumption meters (i.e. where rental charges are not paid on a flat-rate basis)
- Keys or any other means of access to premises for private or common use
- For each room and part of the dwelling, precise description of the condition of the floor, wall and ceiling coverings, equipment and elements of the dwelling. It can be supplemented with observations or reservations and illustrated with images.
- Signature of the parties (tenant, lessor) or persons mandated to carry out the inventory.
FYI
at the time of carrying out the entry inventory, the tenant may in particular express reservations on the document in the event, for example, of non-connection of the water, gas or electricity meters.
Amicable state of play
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).
State of play at issue (rental finding)
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.
The tenant can ask the landlord or his representative to change the state of the place of entry within 10 calendar days according to the date of the inventory of any item concerning housing. He can also request it on the 1er month of the heating period for the condition of the heating elements.
If the landlord refuses to change the state of the premises, the tenant can seize the departmental conciliation commission on which housing depends.
If the dwelling is equipped with a heating or domestic hot water installation (individual or collective with an individual count), the lessor or his representative completes the state of the places of entry (and of the state of the places of exit when the tenant leaves) with the index readings for each energy.
FYI
the summary of the situation corresponding to that information shall be made available to the trader responsible for drawing up energy performance diagnostics (EDP).
Répondez aux questions successives et les réponses s’afficheront automatiquement
By refusal of the owner (formal notice not effective)
When the lessor refuses to make an entry inventory, the lessee must send him a formal notice to do it.
If the landlord persists in his refusal, he will have to prove at the end of the lease that he gave the accommodation in good condition to show the damage caused by the tenant.
By refusal of the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence can be provided, for example, by means of photographs taken by a commissioner of justice - formerly a bailiff and judicial auctioneer - (paid approach).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
By negligence of the owner and the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence may be provided, for example, by means of photographs taken by a Commissioner of Justice (fee-paying).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Conciliation (required)
If you do not succeed with registered mail, you must initiate a conciliation with a conciliator of justice
This is free of charge.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Dispute over €5,000
Registered mail
If you are unable to speak to your landlord (or tenant), you can send them a registered mail with acknowledgement of receipt.
The letter must describe the facts as precisely as possible.
You must attach documents to support your comments (legislation, regulations, invoices, photos...).
Reconciliation (optional)
If you are not successful with registered mail, it may be helpful to initiate a conciliation with:
This is optional.
It's always free.
Refer the matter to the judge
You must refer the case to the protection litigation judge the court on which the rented accommodation depends.
You have 3 years to do it, after the dispute appears.
Who can help me?
Find who can answer your questions in your region
- Departmental Agency for Housing Information (Adil)
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
- Lundi : de 08h30 à 16h15
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
State of play (general rules)
Preparation and content of the inventory, taking into account the age of the dwelling
Presumption of receipt of premises in good condition in the absence of a condition of the premises
Time limit for bringing proceedings before the judge
FAQ
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