State of fixtures

Summary

1. Exit Inventory: How It Works and Why It's Important!
2. Entry Inventory
3. Changing Locks during the Inventory: Legal Requirements
4. Additions After the Entry/Exit Inventory
5. Before My Inventory
6. The Importance of Documentation in the Inventory
7. Cleaning Before the Inventory
8. Challenging Deductions Made from My Security Deposit
9. Consequences of Damages Found during the Exit Inventory
10. Tenant Responsibilities during the Inventory

Exit Inventory: How It Works and Why It's Important!

When a tenant vacates a property, an exit inventory is conducted to assess the condition of the accommodation at that time. This step is crucial for several reasons:

• Evaluation of Property Condition: The exit inventory allows for a comparison of the current condition of the property with the one noted during the entry inventory. This helps determine if there have been any damages or changes during the rental period.

• Potential Disputes: By documenting the condition of the property upon departure, both landlords and tenants have objective evidence in case of disagreements regarding necessary repairs or the return of the security deposit.

• Clear Responsibilities: The exit inventory helps define the responsibilities of each party. Tenants are required to leave the property in a condition similar to the one at the beginning, except for normal wear and tear.

• Security Deposit Return: The findings of the exit inventory are crucial in determining if any deductions should be made from the tenant's security deposit. This ensures a fair refund.

It is important that the exit inventory is conducted impartially and that all findings are recorded in a report signed by both parties.

Entry Inventory

The entry inventory is an official and detailed document that describes the condition of a property when a tenant moves in. It is an important step in the rental process as it documents the condition of the property prior to occupancy. Here are some key points to remember about the entry inventory:

• Purpose: The main purpose of the entry inventory is to provide an accurate inventory of the property's condition, including its fixtures and fittings, to determine if there are any pre-existing damages or defects.

• Content: The entry inventory must be comprehensive and detailed. It typically includes descriptions of each room, its coverings, its fixtures (such as appliances), as well as photographs to support the descriptions.

• Signature: The tenant and the landlord (or their representative) must inspect the property and the entry inventory document together. Once both parties agree on its contents, they sign it to attest to its accuracy.

• Usefulness: The entry inventory is an essential tool in resolving any potential disputes related to damages or necessary repairs at the end of the tenancy. It helps determine if damages observed at the end of the tenancy are attributable to the tenant or if they were present at the beginning.

• Comparison at the End of the Tenancy: At the end of the lease, an exit inventory is also conducted to compare the initial condition of the property with its condition at the tenant's departure. This helps determine if any repairs or deductions from the security deposit are necessary.

It is crucial for tenants and landlords to be thorough and honest when conducting the entry inventory, as it can have significant financial implications at the end of the lease.

Changing Locks during the Inventory: Legal Requirements

Changing locks may be necessary during the exit inventory, especially for security reasons. However, French legislation strictly regulates this practice:

• Prior Notification: Before changing locks, the landlord must notify the tenant in writing of their intention to do so. This notification must be sent at least 15 days before the lock change.

• Legal Grounds: Lock changes can only be made for legal reasons, such as the recovery of unpaid rent or the end of the lease. The landlord cannot change the locks arbitrarily.

• Compliance with the Law: The landlord must comply with all local laws and regulations regarding lock changes. Failure to comply with these rules can result in legal sanctions.

• Provision of a Spare Key: The landlord is required to provide a spare key to the tenant whose lock has been changed, except in cases of unpaid rent recovery, where the tenant may be excluded from the property.

It is essential to understand the rules surrounding lock changes during the exit inventory to avoid any disputes and comply with the applicable laws.

Additions After the Entry/Exit Inventory

Additions after the entry inventory:

The entry inventory is established when the keys are handed over, usually on the day the lease takes effect, and it is attached to the rental agreement. This document provides a detailed description of the condition of the property and its fixtures at the time of the tenant's entry.

The tenant has the option to request the landlord or their representative to make additions or modifications to the entry inventory within 10 days from the date of the inventory, for any element concerning the property. Additionally, regarding the heating elements, this request can be made during the first month of the heating period.

It is your responsibility to contact the apartment manager via email before the end of this 10-day period, clearly specifying the items you wish to modify. It is recommended to attach explicit photos of the points in question to your email.

After the expiration of this 10-day period, no further modifications can be made to the entry inventory.

Additions after the exit inventory:

After the completion of the exit inventory, it will no longer be possible to make any modifications to the document.

Therefore, it is crucial to carefully verify that all the information mentioned is correct and that you agree with the entirety of the document before signing it.

Before My Inventory

Before your entry inventory, there are several actions you can take to ensure that the process goes smoothly and to protect your interests as a tenant. Here are a few steps to follow:

Document Preparation:

1. Gather all documents related to your rental, including the lease agreement, the inventory of equipment provided with the property, and any correspondence exchanged with the landlord or rental manager.

Cleaning and Maintenance:

• Conduct a thorough cleaning of your accommodation. Ensure that the property is clean and in good condition, in accordance with the terms of the lease.

Minor Repairs:

• Carry out minor repairs, such as filling small holes in walls or replacing faulty light bulbs.

Checklist:

• Create a checklist of all items in the property that you wish to inspect during the inventory. This may include floors, walls, ceilings, doors, windows, fixtures, etc.

Photographs:

• Take photos of the current condition of the property, ensuring that they are dated. This can serve as evidence in case of disputes regarding the property's condition.

Communication:

• Communicate with the landlord or rental manager to arrange an appointment for the inventory. Ensure that both parties are available on the agreed date and time.

Questions:

• Prepare any questions or concerns you may have regarding the property's condition or the terms of the lease and address them during the inventory.

Written Documentation:

• During the inventory, carefully note any defects or issues you observe on your checklist. Ensure that everything is properly documented.

Signature:

• After reviewing the property with the landlord or rental manager, ensure that you agree with the content of the inventory and then sign it. Keep a copy for your records.

Security Deposit:

• If a security deposit has been paid, ensure that the terms of its deposit and refund are clearly defined in the lease agreement.

By following these steps, you will contribute to ensuring a smooth inventory process and protect your rights as a tenant. It can also help prevent potential disputes at the end of the tenancy.

The Importance of Documentation in the Inventory

Proper documentation is essential during the entry or exit inventory of a rental property. Here's why documentation is so important:

Objective Evidence: Documentation, including inventory reports, photos, and videos, provides objective evidence of the property's condition at a specific time. This can be crucial in case of disputes. Comparison: Documentation allows for a comparison between the initial condition of the property and its condition at the end of the tenancy. This helps determine if any damages or changes have occurred. Justification for Deductions: If deductions from the security deposit are necessary, documentation serves as the basis for justifying these deductions to the tenant. Compliance with the Law: In many jurisdictions, legislation requires comprehensive documentation during the inventory process. Failing to comply with this requirement can have legal consequences. Facilitates Communication: Clear documentation facilitates communication between landlords and tenants, as it provides tangible information about the property's condition.

Cleaning Before the Inventory

Cleaning before the entry inventory is an important step to ensure that the property is in an acceptable condition according to the terms of your lease agreement. Here's what you need to do regarding cleaning before the entry inventory:

General Cleaning:

• Thoroughly clean each room of the property, including floors, walls, ceilings, windows, and countertops.

• Ensure that all surfaces are free of dirt, dust, and debris.

Kitchen:

• Clean and degrease kitchen appliances, such as the stove, oven, refrigerator, and microwave.

• Clean the inside and outside of kitchen cabinets.

Bathroom:

• Clean and disinfect the bathroom, including the shower or bathtub, toilet, sink, and mirrors.

Bedrooms and Living Spaces:

• Vacuum or sweep floors.

• Wipe surfaces, including shelves and closets.

• Remove any spider webs or insects you may find.

Windows:

• Clean window panes and frames, as well as blinds or curtains.

Exterior (if applicable):

• If you are responsible for exterior maintenance, ensure that the outdoor space, such as a balcony or yard, is clean and well-maintained.

Minor Repairs:

• Carry out minor repairs if necessary, such as filling holes in walls or replacing faulty light bulbs.

Inventory:

• Check the inventory of equipment provided with the property and ensure that they are in good working condition.

Photographs:

• Take photos of the property's condition after cleaning, ensuring they are dated. This can serve as evidence in case of disputes.

Coordination:

• Coordinate with the landlord or rental manager to agree on a date and time for the entry inventory.

Thorough cleaning before the entry inventory can help maintain good relations with the landlord and avoid potential disputes at the end of the tenancy. Make sure to comply with the lease agreement terms regarding cleaning and leave the property in a similar condition to when you first arrived.

Challenging Deductions Made from My Security Deposit

Deductions have been calculated based on a comparison between the entry inventory and the exit inventory. If you believe that the entirety or a part of these deductions should not be attributed to you, you must send a registered letter with acknowledgment of receipt to the landlord to express your disagreement. In your letter, specify the deductions you contest and indicate your corresponding request.

Consequences of Damages Found during the Exit Inventory

During the exit inventory, if damages are found in the property, it can have financial consequences for the tenant. Here is an overview of possible consequences:

Deductions from the Security Deposit: If damages are found that exceed normal wear and tear, the landlord may be entitled to deduct the cost of repairs from the tenant's security deposit.

Justification of Deductions: The landlord is required to justify all deductions from the security deposit by providing estimates or invoices for the necessary repairs. These documents must be provided to the tenant.

Potential Disputes: In case of disagreement regarding deductions from the security deposit, tenants have the right to challenge the landlord's decision. This can lead to disputes that can be resolved through mediation or, as a last resort, in court.

Compliance with the Law: It is crucial that all deductions from the security deposit comply with local laws regarding rental properties. Laws vary from region to region, but they generally establish strict rules regarding the security deposit.

Documenting Damages: Damages must be carefully documented during the exit inventory to avoid any future disputes. Photos, detailed descriptions, and a written report are essential.

Tenant Responsibilities during the Inventory

During the entry and exit inventory, tenants have specific responsibilities that they must adhere to. Here's what tenants need to do:

Presence: Tenants must be present during the entry and exit inventory. This allows them to discuss findings and clarify any outstanding points. Communication: Tenants must communicate any existing or occurring issues or damages during their rental period. This ensures that the information is taken into account during the inventory. Collaboration: Tenants must collaborate with the landlord or their representative during the inventory. They should be open to discussion and clarification. Preservation of the Property: Tenants are responsible for preserving the property. They must leave the property in a condition similar to the one at the beginning, except for normal wear and tear. Compliance with Contract Clauses: Tenants must adhere to all clauses in the lease agreement, including those regarding the property's condition.

By following these responsibilities, tenants can contribute to a smooth inventory process and a seamless transition upon their departure.