Location of entry into a dwelling lease
Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
What is an entry check? It is a document that describes the condition of the dwelling and its equipment when entering the premises of the tenant. It is attached to the lease and must be done when the keys of the dwelling are given to the tenant. We'll explain.
The tenant and the landlord (or his representative, a real estate agent for example) must together make an inventory of the entry site, in a contradictory way (each is present).
During the inventory, the dwelling must contain the elements mentioned in lease.
The inventory must be made in good lighting conditions.
The inventory can be made:
- Or, amicably, and together, by the tenant and the landlord. In this case, it is recommended to agree on a date for the state of exit, by registered mail with notice of receipt.
- Or, amicably, and together, by the tenant and a professional (real estate agent or notary) representing the owner. In this case, it is recommended to agree on a date for the state of exit, by registered mail with notice of receipt.
- Either, when the tenant or the landlord (or his representative) refuses to come to the appointment, or to take stock of the situation, or to sign it, one or the other may call upon a commissioner of justice (former bailiff and judicial auctioneer). In this case, it is a contentious state of affairs, says rental statement. The Commissioner of Justice informs the tenant and the owner (or his representative) by registered letter with acknowledgement of receipt, and at least 7 days in advance, of the day on which he will carry out the rental statement.
The inventory must be recorded in a written document.
This document should allow the comparison of the condition of the dwelling observed when entering and leaving the premises. Entry and exit records may be made:
- Or 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 must be in writing, on paper or in electronic form.
At the time of signature, the inventory is given to the tenant and the owner (or his representative).
It is delivered by hand or by dematerialized means.
The inventory of the place of entry must accurately describe the accommodation and the equipment it contains.
It also notes the state of conservation of the dwelling.
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 (tenant, owner) and domicile or registered office of the owner's representative
- 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 furniture of the dwelling. It can be supplemented by observations or reservations, and illustrated with images.
- Signature of the parties (tenant, lessor) or persons mandated to carry out the inventory.
At the time of the entry site survey, the tenant may add details, such as the fact that the water, gas or electricity meters are not connected.
Please note
In order to compare the condition of the dwelling observed on entering and leaving the premises, the tenant and the owner (or his representative) may agree, at the signing of the lease, to apply a dilapidated grid.
The cost of the inventory varies, depending on the people who take care of it:
- When the tenant and the landlord work together on the entry site, there is no cost involved
- When the tenant and a professional (real estate agent) do the inventory together, the tenant must pay part of the costs
- Where the tenant or landlord (or his representative) refuses to establish the inventory in a contradictory manner by failing to appear, either of them may appeal to a Commissioner of Justice. In this case, it is a disputed inventory (or rental finding) whose costs are shared between the tenant and owner.
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State of play made by the tenant and a professional
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).
Rental finding
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.
The tenant can ask the landlord (or his representative) to change the state of the entry premises within 10 calendar days according to the date of the inventory of any item concerning housing. It can also request it for 1er month of the heating period, as regards the condition of the heating elements.
If the dwelling is equipped with a heating or domestic hot water installation (individual or collective with an individual count), the owner (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.
Please note
The relevant stock-taking extract shall be made available to the trader responsible for drawing up the energy performance diagnostics (EDP).
If the owner (or his representative) refuses to change the state of the premises, the tenant can seize the departmental conciliation commission on which housing depends.
It all depends on the reason why the inventory of the places of entry was not done:
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By refusal of the owner (formal notice not effective)
When the landlord (or his representative) refuses to make an entry inventory, the tenant must send him a formal notice to do it.
If the landlord (or his representative) persists in his refusal despite this formal notice, he will have to prove at the end of the lease that he gave the house 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 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 (or his representative) 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 (or his representative) to demonstrate that they are attributable to the tenant.
The process depends on the amount of the dispute:
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Dispute less than or equal to €5,000
Registered mail
If you are unable to speak to your tenant or landlord (or their representative), 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 tenant or landlord (or their representative), 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 don't win with registered mail, it can be helpful to initiate a conciliation with a conciliator of justice
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
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.
- Lundi : de 08h30 à 17h30
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- Mercredi : de 08h30 à 12h15
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- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry in charge of housing and city planning.
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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