Move-in and move-out inventory of fixtures: rules, deadlines and consequences

A joint document, at move-in and move-out

Article 3-2 of the Act of 6 July 1989 and Decree No. 2016-382 of 30 March 2016 govern the inventory of fixtures. It is drawn up at the handover of the keys (move-in) and at their return (move-out), jointly and amicably by the landlord and the tenant, or by a third party mandated by them. Each party receives a copy and the document is annexed to the lease. It may be drawn up on paper or electronic support, in a form allowing comparison between move-in and move-out: a single document or separate documents of similar presentation.

The decree specifies the minimum content:

• Type of inventory (move-in or move-out), date of drafting and location of the dwelling
• Identity of the parties and, where applicable, of the mandated persons
• Readings of the individual water and energy meters
• Details and intended use of the keys and access devices
• Precise description, room by room, of the condition of the surfaces, equipment and elements of the dwelling, with any observations
• Signature of the parties and, at move-out, the address of the tenant's new home and the date of the move-in inventory

Completing the move-in inventory: the deadlines to know

The tenant may request to complete the move-in inventory within ten days of its drafting, for any element concerning the dwelling. For the condition of the heating elements, this right may be exercised throughout the first month of the heating period, which makes it possible to check the actual operation of the installations. If the landlord or their agent refuses to complete the document, the tenant may refer the matter to the departmental conciliation commission.

This ten-day period is precious: a defect not reported at move-in risks being attributed to the tenant at move-out. Note each defect methodically, even a minor one, and support your observations with dated photographs.

Disagreement, absence or refusal: what does the law say?

If the inventory cannot be drawn up amicably (refusal by one party, disagreement over the findings), it is drawn up by a bailiff (commissaire de justice) at the initiative of the most diligent party, at costs shared equally between landlord and tenant, the parties being summoned at least seven days in advance by registered letter with acknowledgment of receipt.

On the cost side: an inventory drawn up directly between the parties is free. When the move-in inventory is carried out by a professional mandated by the landlord (agency), the fees are shared, the tenant's share being capped per square meter of habitable surface area by Decree No. 2014-890 of 1 August 2014 and not being allowed to exceed the landlord's share; check the regulatory cap in force. The move-out inventory carried out by a professional mandated by the landlord is, however, the sole responsibility of the landlord.

In the absence of a move-in inventory, Article 1731 of the Civil Code applies: the tenant is presumed to have received the dwelling in good repair (in good state of tenant repairs) and must return it as such, unless proof to the contrary. This presumption, unfavorable to the tenant, cannot however be invoked by the party who obstructed the drafting of the inventory.

Consequences at move-out: deductions and wear and tear

The comparison between the move-in inventory and the move-out one grounds any deductions from the security deposit: only damage that appeared during the lease and attributable to the tenant may be charged, against supporting documents (quotes, invoices). The tenant is responsible for damage and losses occurring during the rental, unless they prove that these result from force majeure, the landlord's fault, or the act of a third party they did not bring into the dwelling (Article 7 of the 1989 Act).

Wear and tear (vétusté), defined by Decree No. 2016-382 as the state of wear or deterioration resulting from time or normal use of the dwelling, can never be charged to the tenant. The parties may annex to the lease a wear-and-tear grid chosen from those arising from a collective rental agreement, which sets the theoretical lifespan of equipment and the annual allowances: it objectifies the split between normal wear and damage.