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Statement of Lease Exit Locations

Verified 04 May 2022 - Legal and Administrative Information Directorate (Prime Minister)

Additional cases ?

Entry Status

An exit location statement must be made when the tenant leaves the accommodation and returns the keys. The rules vary depending on whether the accommodation was rented empty or furnished.

Empty Housing

Terms

The state of the site can be completed at or very shortly after the release of the site.

The accommodation shall contain the equipment mentioned in lease.

The state of the site must be carried out under good lighting conditions.

Amicable assessment

The inventory is carried out in an adversarial and friendly manner by the tenant and the owner (or his representative).

It is recommended that you agree on a status date by registered mail with notification of receipt.

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.

In case of dispute

It may not be possible to establish an amicable state of affairs in the following situations:

  • One of the parties (owner or tenant) does not go to the appointment of the state of the premises
  • One of the parties refuses to establish the state of play
  • One of the parties refuses to sign it

Then call on an usher to carry out an inventory. The bailiff can be contacted by the owner or the tenant. The fees requested by the bailiff are shared by half between the tenant and the owner.

The amounts requested by the bailiff vary according to the surface of the accommodation.

Tableau - Cost of a rental report (inventory of the disputed premises made by the bailiff)

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 bailiff shall notify the owner and the tenant of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. Even in the absence of the tenant or owner, the bailiff draws up a report whose findings are binding on the parties (tenant or owner), without any possible challenge.

  • If the tenant is not present at the appointment fixed by the bailiff, the landlord must refer the dispute to the court of protection on which the dwelling depends. The judge will find the tenant's refusal and appoint a bailiff to get the keys handed over.
  • If the lessor is not present during the appointment fixed by the bailiff, the tenant can return the keys to the lessor by registered letter with acknowledgement of receipt. In the absence of an exit status, the tenant is considered to have returned the accommodation to good condition.
Who shall I contact

Exit location status must accurately describe the accommodation and equipment. It also notes its conservation status. It shall include at least the following information:

  • Location Type: exit status
  • 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
  • Individual water or energy metre readings
  • 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, lessor) or persons authorised to carry out the inventory
  • Address of the tenant's new home or place of accommodation
  • Date of completion of entry location report
  • Eventually, changes in the condition of each room and part of the dwelling observed since the establishment of the entry status.

FYI  

at the time of the check-out, the differences between the check-in places due to dilapidated of the accommodation or the outdated equipment may not result in restraint on the security deposit. To distinguish between age and deterioration, the tenant and the lessor may have agreed, at the time of signing the lease, to the application of ageing grid.

The form of the document shall allow comparison of the housing conditions observed at the entrance and exit of the premises. Exit entry location reports 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.

The inventory, prepared in writing on paper or in electronic form, shall be handed over by hand or by dematerialised means to each of the parties (lessor, tenant or their agent) at the time of signature.

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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.

Any dispute concerning the state of the property may be brought before a departmental conciliation board or judicial conciliator. Conciliation is an optional and free process.

If the conciliation is not successful or you do not wish to initiate it, you can refer the case to the court protection court on which the housing depends.

Who shall I contact

Furnished accommodation

The rules depend on the date the lease was signed.

Achievement

Amicable assessment

The owner and the tenant (or a third party authorised by them: (real estate agent, for example) must see the state of the place in good lighting conditions and at the time of the release of the place or very shortly afterwards.

The accommodation shall contain the furniture or equipment mentioned in lease.

Exit status cannot be charged to the tenant.

State of the disputed places (rental report)

If the assessment cannot be made amicably, it must be carried out by judicial officer, at the request of the owner or tenant.

The bailiff must notify the owner and the tenant of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. The costs of the site survey are then shared in half between the tenant and the lessor.

The amounts requested by the bailiff vary according to the surface of the accommodation.

Tableau - Cost of a rental report (inventory of the disputed premises made by the bailiff)

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.

If the tenant is not present during the appointment fixed by the bailiff, the lessor must refer the matter to the protection litigation judge the court on which the house depends. The judge will note the refusal of the tenant and will appoint an usher to obtain the delivery of the keys and the realisation of the state of the place.

Shape

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.

The inventory shall be drawn up in paper or electronic form. It shall be handed over to each party (lessor, tenant) or their agent by hand or by dematerialisation at the time of signature.

Content

Exit location status must accurately describe the accommodation and equipment. It also notes its conservation status. It shall include at least the following information:

  • Location Type: exit status
  • 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
  • Individual water or energy metre readings
  • 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, lessor) or persons authorised to carry out the inventory
  • Address of the tenant's new home or place of accommodation
  • Date of completion of entry location report
  • Eventually, changes in the condition of each room and part of the dwelling observed since the establishment of the entry status.

FYI  

at the time of the check-out, changes in the check-in location due to dilapidated of the accommodation or equipment cannot justify a deduction on security deposit. To distinguish between age and deterioration, the tenant and landlord may agree to apply a ageing grid.

Lack of entry status

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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.

Remedy in case of dispute

Any dispute concerning the state of the property may be brought before a departmental conciliation board or judicial conciliator. Conciliation is an optional and free process.

If the reconciliation is not successful or you do not wish to initiate it, you can refer the matter to the protection litigation judge the court on which the house depends.

A state of the art is not required.

If the lease provides for a state of entry and exit, its implementation is not regulated by law. These documents help to determine the parties' liability in the event of a dispute concerning the condition of the rented accommodation and its equipment. But these documents are not subject to the law.

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