Exit Location Report for a Residential Lease

Verified 09 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

What is an exit check-up? It is a document that describes the condition of the dwelling and its equipment when the tenant permanently leaves the dwelling. It must be done when the keys of the dwelling are handed over to the owner or his representative. We'll explain.

The inventory must be made at the time of the release of the premises or very shortly thereafter.

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.
  • Either, amicably, and together, by the tenant and a professional (real estate agent) 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.

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 places of exit must be made in the same form as that of the inventory of the places of entry.

These may be:

  • Or of a single document, with for each room of the housing a column "at the entrance of the tenant" and a column "at the tenant's exit
  • 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 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 furniture 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.

FYI  

During the inventory of places of exit, the differences observed with respect to the inventory of places of entry which are due to the dilapidated housing or equipment shall not cause any restraint on the security deposit. In order to distinguish between obsolescence and deterioration, the tenant and the owner (or his representative) may have agreed, at the time of signing the lease, to the application of a dilapidated grid.

The cost of checking out places varies, depending on the people who take care of it:

  • When the tenant and the landlord work together to take stock of the exit sites, there is no cost involved
  • When the tenant and a professional (real estate agent) representing the owner do the inventory, the tenant must not pay a fee to do the inventory of the exit places (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 the tenant or landlord (or his representative) refuses to establish the inventory in a contradictory manner by failing to appear, one or the other may call upon a Commissioner of Justice. In this case, it is a state of play (or rental statement) whose costs are shared between the tenant and owner.

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State of play made by the tenant and a professional

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.

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.

Tableau - Cost of a rental finding (disputed inventory prepared by the Commissioner of Justice)

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 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.

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.

Remember:

It is not possible to establish an amicable inventory in each of the following cases:

  • When the landlord or tenant does not attend the meeting of the inventory
  • When the owner or tenant refuses to establish the state of play
  • When the landlord or tenant refuses to sign the inventory.

Then you have to call in a commissioner of justice (formerly bailiff and judicial auctioneer) to get a state of play. 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 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 shall prepare a report (rental statement) the findings of which are binding on the tenant and the owner, without possible dispute.

  • If the tenant is not present at the appointment set by the Commissioner of Justice, the landlord must seize the protection litigation judge the court on which the dwelling depends. The judge will determine the tenant's refusal and appoint a commissioner of justice to obtain the keys.
  • If the landlord is not present at the appointment set by the Commissioner of Justice, the tenant can return the keys to the landlord 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.

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