Can the tenant be charged for the condition of the premises?
Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
When the inventory of a dwelling cannot be done amicably or contradictorily (the tenant or the owner not being present), it is necessary to ask a commissioner of justice (former bailiff and judicial auctioneer) to carry out a rental finding 1989 act. The bailiff's expenses are then to be shared for half between the tenant or the owner.
The rules differ depending on whether the state of the place of entry or exit is concerned.
Entrance
When the entry site is checked by the tenant and a professional (real estate agent), part of the costs must be paid by the tenant.
But the share 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).
You can help yourself with this simulator:
Where one of the parties (the lessee or the owner) refuses to establish the state of affairs in a contradictory way by not appearing, either party can appeal to 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) are regulated.
Warning
In some overseas departments, the VAT rate differs.
The amounts requested vary according to the size of the dwelling.
Housing surface | Price List (VAT included) |
|---|---|
Up to 50 m² | Fees for acts: €132.82 + Convening letters: €18.06 + Travel: €11.28 |
More than 50 m² and up to 150 m² | Fees for acts: €154.74 + Convening letters: €18.06 + Travel: €11.28 |
More than 150 m² | Fees for acts: €232.12 + Convening letters: €18.06 + Travel: €11.28 |
The total cost is shared for half between tenant and landlord.
Exit
The tenant does not have to pay a fee to do the exit inventory (for example, the fees charged by the real estate agency).
Any clause in the lease that requires the tenant to pay for the state of the exit premises is abusive. It must be considered unwritten.
Where one of the parties (the lessee or the owner) refuses to establish the inventory in a contradictory manner by not appearing, 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) are regulated.
Warning
In some overseas departments, the VAT rate differs.
The amounts requested vary according to the size of the dwelling.
Housing surface | Price List (VAT included) |
|---|---|
Up to 50 m² | Fees for acts: €132.82 + Convening letters: €18.06 + Travel: €11.28 |
More than 50 m² and up to 150 m² | Fees for acts: €154.74 + Convening letters: €18.06 + Travel: €11.28 |
More than 150 m² | Fees for acts: €232.12 + Convening letters: €18.06 + Travel: €11.28 |
The total cost is shared for half between tenant and landlord.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you belong to the ministry in charge of housing and city planning.
- Departmental Agency for Housing Information (Adil)
Amicable entry by an intermediary
Amicable entry made by an intermediary: costs of the tenant
Abusive clause (Article 4k)
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