Conditions

The inventory can be carried out at the time of the liberation of the premises or very shortly thereafter.

The housing must contain the equipment mentioned in lease.

The inventory must be carried out under good lighting conditions.

State of play conducted amicably

The inventory is carried out in a contradictory and amicable manner by the tenant and the owner (or his representative).

It is recommended to agree on an inventory date by registered mail with notice of receipt.

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.

In case of dispute

An amicable inventory may not be possible in the following situations:

• One of the parties (owner or tenant) does not attend the meeting of the state of play
• One of the parties refuses to take stock of the situation
• One of the parties refuses to sign it

Then you have to call in a commissioner of justice (formerly bailiff and judicial auctioneer) to carry out the inventory. The Commissioner of Justice may be contacted by the landlord or tenant. The costs requested by the Commissioner of Justice are shared by half between the tenant and the owner.

The sums requested by the Commissioner of Justice (formerly bailiff and judicial auctioneer) vary according to the surface area of the dwelling.

Half of the total cost is shared between the landlord (lessor) and the tenant.

The Commissioner of Justice notifies 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 landlord, the Commissioner of Justice prepares a report whose findings are binding on the parties (tenant or landlord), without possible challenge.

• If the tenant is not present at the appointment set by the Commissioner of Justice, the landlord must refer the protection of the court on which the dwelling depends to the litigation judge. The judge will determine the tenant's refusal and appoint a commissioner of justice to obtain the keys.
• If the lessor is not present at the appointment set by the Commissioner of Justice, the tenant can return the keys to the lessor by registered letter with acknowledgement of receipt. In the absence of an exit inventory, the tenant is considered to have restored the dwelling to good condition.

The exit inventory 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 exit 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
• Individual meter readings for water or energy consumption
• 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
• Address of the new home or place of accommodation of the tenant
• Date of completion of the inventory of places of entry
• Possibly changes in the condition of each room and part of the dwelling observed since the establishment of the state of the places of entry.

The form of the document must allow comparison of the condition of the dwelling observed when entering and leaving the premises. The exit entry point records may be carried out:

• 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.

The inventory, drawn up in writing on paper or in electronic form, shall be delivered by hand or by dematerialized means to each of the parties (lessor, tenant or their representative) at the time of signature.

Any dispute concerning the state of the premises may be brought by the owner or the tenant before a departmental conciliation commission or a conciliator of justice. Conciliation is optional and free of charge.

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