This is How to Conduct an Apartment Inspection in France

• What is property condition report (état des lieux)?
• How do you conduct a thorough property condition report (état des lieux)?
• Damage Due to Dilapidation
• Cost
• Lack of an apartment inventory

What is property condition report (état des lieux)?

Every accommodation available to rent in France, whether furnished or unfurnished, requires the completion of a property condition report at the moment of tenants’ arrival and departure.

At this point, the landlord and tenant establish the condition of the apartment and whether everything works out.

The landlord and the tenant create état des lieux together. The report should include the state of each room, missing items, all existing damages, and whether the apartment is clean. Likewise, tenants should take pictures and notify the landlord of missing items and damage. This way, they can avoid paying a fine at the end of their lease.

How do you conduct a thorough property condition report (état des lieux)?

When the landlord turns over the keys (usually during the signing of the lease), the landlord and tenant must complete the property inventory and link an entry inventory to the lease agreement. This document details the state of the house and its furnishings and equipment as of the tenant’s entry into the property. After the tenant vacates the property and returns the keys, both the landlord and the tenant have to conduct a new inventory. When they compare these two agreements, it helps them to understand what each party is responsible for in case of a disagreement.

Accurate descriptions of the apartment and equipment must, at minimum, include the following details:

• • Names of both of the parties (lessor, lessee), as well as the lessor’s residence or registered office;

• • Type of inventory: inventory of entry/exit sites;

• • Date of preparation of the inventory;

• • Location of the property;

• • If relevant, the name, permanent address, or registered business address of a third party with the authority to conduct the inventory;

• • If appropriate (i.e., where rental rates are not paid on a flat-rate basis), individual water or energy consumption meter readings;

• • Keys or any other access device for either shared or private use on the property;

• • A detailed description of the state of the flooring, wall and ceiling coverings, appliances, and other components for every room and section of the house;

• • The signatures of the lessor or renter;

You’ll need two written copies of these documents (one for the tenant and one for the owner). The inventory can be completed amicably by the owner and renter or by a third party, such as a real estate agent or a justice commissioner.

When a tenant is vacating the premises:

1. • The address of the tenant’s new residence or lodging,

1. • The day that the inventory was finished,

1. • If the conditions of rooms have changed since the entry inventory was drawn up, details about it.

Huissier 

When a landlord and a tenant create this report, they can use the service of a huissier (bailiff) to prevent any disagreements. Preparing the report will cost, which must be shared between the landlord and the tenant. Usually, when a tenant rents from a rental agency, the agency prepares this report.

You can even download the inventory sample to familiarize yourself with état des lieux’s necessities.

Damage Due to Dilapidation

In case of damage caused by wear and tear, known as dilapidation, the owner is responsible for repairs regardless of the tenants’ obligations. To differentiate between wear-and-tear and tenant damage, a dilapidation grid comes into play. This grid helps determine who should pay for repairs based on the type of damage and the duration of occupancy.

Example Scenario 1: Wear-and-tear

Natural Wear and Tear:

After five years of tenancy, the carpet shows wear and tear. So, the grid might show that half of the wear and tear is due to natural aging. In that case, the landlord pays for half of the replacement cost, which falls under dilapidation.

Tenant Damage:

If the tenant spilled paint on the carpet, causing damage, it would be their responsibility. The tenant would pay for the damage, regardless of the carpet’s age.

Example Scenario 2: Theft

The tenant must use his home insurance when a thief causes damage to the residence.

Example Scenario 3: Event Force Majeure

The landlord’s insurance covers damage caused by a force majeure event, such as a storm, even if the repairs are classified as rental repairs.

Neglect of the rental property

The tenant is liable for any harm resulting from his carelessness or neglect of the rental property.  And yes, the tenant is responsible for leasehold improvements and repairs during the lease.

The tenant is also responsible for damage caused during the lease by:

• • A person who regularly lives with a tenant;

• • Anyone they host or invite;

• • Someone who intervenes on a case-by-case basis (such as a craftsman or other professional hired to do work);

• • Or a subtenant.

Note: Tenants must take out renter’s insurance, which includes coverage for rental hazards (e.g., fire or water damage).

Cost

If a professional (real estate agent, etc.) makes the entry, the tenant must pay some of the fees. However, the sum the tenant pays cannot exceed half of the real estate agency’s fees or a maximum of €3 total tax included per square meter of residential area.

For example:

If a house’s inventory costs €100 TTC and the apartment is 25 mths²:

Half of the fee is €100 / 2 = €50, and the maximum amount attributable to the tenant is 25 x €3 = €75. Thus, the tenant pays €50, and the owner pays the remaining sum, which equals €50.

Lack of an apartment inventory

Due to the renter’s and owner’s negligence

The landlord assumes the tenant receives the rental property in good shape after rental repairs. Unless s/he can demonstrate that the house was initially in poor shape, a tenant has to return it in excellent condition.

By a tenant’s or the owner’s rejection

When the landlord refuses to make an entry inventory, the tenant must send him a formal notice to do it and vice versa.

If you are unable to communicate with your landlord or tenant in person, you can send them a registered letter with an acknowledgment of receipt. Of course, you must state the facts in the letter as accurately as feasible. You must also provide supporting documentation (laws, rules, invoices, pictures, etc.) to sustain your remarks.

Conciliation

If registered mail proves unsuccessful you have the option to initiate a mediation with a conciliator of justice (it is free of charge).

Top tips for tenants:

If a tenant notices a defect s/he did not see when drawing up the inventory, there is a ten-day time window to ask the landlord to complete the document.

Do not hesitate to try the faucet, turn on the heat, or flush the toilet. If the apartment has a sleeper sofa, open it. If there are holes in the wall, do not hesitate to mention it because your landlord may keep a portion of the security deposit when you move out. Further, you should consider taking photos with the date, as they can be instrumental in case of a dispute.

As a general rule, avoid using approximate terms such as “good general state” without helpful information.

If a tenant is renting from abroad and can’t do the inventory before moving to France, it’s a good idea to ensure doing it within 24 hours of moving into the apartment.

Please note: This article does not constitute legal advice – the information on this page has been prepared solely for your information. As we are not a law firm and act as a platform, we can and may share our estimations, but we cannot give you legal advice for your individual further proceedings.