When you leave a rental, an exit inventory must be made.He is compared to the one who was drawn up when entering the accommodation.Please note, the recovery of your security deposit depends on the comparison of these two inventory!
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M'abonnerWhen should you do the inventory of exit?
An inventory is drawn up at the time of the restitution of the keys, as when when you arrive in the rental where you have also completed an inventory of entry.The state in which you make the accommodation is examined, in your presence and that of the owner.
This inventory is established in as many copies as there are tenants, plus one for the owner.
Be careful, this is much more than a simple formality.Because it is from this document that your owner and yourself will do the last accounts.The goal is that you recover your security deposit, that is to say the sum you have paid when entering the premises.
Objective: Recover your warranty deposit
At the signing of the lease, the owner asked you for an amount which cannot represent more than a month of rent excluding charges (up to two months for a furnished rental).When you leave, you will recover this security deposit, sometimes called "deposit" wrongly.
If you still owe money to the owner or if the inventory of exit reveals degradations of which you are responsible, your owner will be entitled to attribute to the amount of the warranty deposit the sums due to him orthe price of degradation repairs you are responsible.
A free act, unless you call on a bailiff
No payment can be claimed for the establishment of the inventory of exit, even if it is drawn up by a real estate agent.Any opposite clause, considered abusive, would be deemed not written.
En revanche, locataire/faq/etat-des-lieux-de-sortie-faut-il-faire-appel-a-un-huissier-370812" target="_blank">si un huissier de justice intervient parce que vous (ou le bailleur) avez refusé de vous plier à cette formalité, vous devrez partager les frais.The amounts billed vary depending on the surface of the accommodation.
| Surface du logement | Frais d’acte (TVA incluse) | Autres frais (TVA incluse) |
| Jusqu'à 50m² | 132,56€ | Letter of convocation of the parties: € 18.02 Planful tax tax: € 14.89 Frais de déplacement : 9,20 € |
| Plus de 50 m² et jusqu’à 150 m² | 154,44€ | |
| Plus de 150 m² | 231,66€ |
The inventory document: Choose the right words
The time spent with your landlord to fill this document may seem long to you.But the amount of repair of possible degradations can be retained on your security deposit.
So be vigilant about the terms used.For example, "stained carpet" suggests that you are a little careful tenant, while "used carpet" means that it has been worn normally, and therefore its replacement is the responsibility of the owner.
No money restraint without a quote
Contrary to popular belief, the security deposit is not a sum that the tenant loses entirely if a problem is noted.The owner who invokes the need for work due to degradations for which you would be responsible (that is to say due to an abnormal use of the accommodation or a lack of maintenance) must justify the deductions he makes on the depositwarranty.
For this, the production of quotes is enough, without it being necessary to present the invoice of the work actually carried out.If your owner is a handyman, nothing opposes that he produces the invoices for purchasing replacement elements that he himself posed.
On the other hand, the question of whether he can request compensation for the time spent making the repair is not clearly decided.However, if your owner presents a count of his hours, require that it is detailed and check that the number of hours billed and the hourly rate practiced are reasonable.
Normal dilapidation and wear of a rental
The owner is not allowed to use the security deposit to finance embellishment work or to replace elements simply dilapidated.The law is clear: you do not have to take care of the degradations due to normal wear linked to the time you spent in the accommodation.
When is there normal wear?No official dilapidation grid indicates it for the moment.However, a decree n ° 2016-382 of March 30, 2016 provides that "the parties to the rental contract may agree to the application of a dilapidated grid as soon as the lease is signed, chosen from those having been the subject ofA collective rental agreement (…), even if the accommodation does not fall under the rental sector governed by the agreement ”.
As an indication, the judges generally consider the lifespan:
This means that the amount claimed in return for a cracked sink will not be the same depending on whether you stayed two years or fifteen years in the accommodation.
A pre-state of the premises to limit the costs
In order to avoid disputes, it is possible to draw inspiration from the practice of the pre-state of the premises, fairly common in social housing.
This technique, also called "visit-advisor", consists in meeting a few days before the date of completion of the final inventory in order to list the small repairs which are the responsibility of the tenant (rebut of holes in thewalls, carpet cleaning, leaching of the doors).
You will be able to remedy, at a lower cost, to small flaws, lightening the final invoice which will be presented to you.
What period to be reimbursed?
If the inventory of exit is in accordance with that of entry, the owner must return the deposit of the warranty within one month from the day of the delivery of the keys.
On the other hand, in the event of degradations or sums remaining due to the owner (rents, pro rata charges of the time spent in the premises), the deposit of the warranty (deduction of the restoration costs or the remaining sums) must be to youreproduced within two months from the delivery of the keys.
Please note: if the amount of your security deposit is insufficient to mop up your debts, and in the absence of an amicable agreement, your owner may seize the district court to obtain additional compensation.
If your lessor does not run within the time limit, put it in formal notice to restore the deposit of guarantee by registered letter with AR.If, despite this, he continues to turn a deaf ear, you can start an amicable procedure, free of charge, with the departmental conciliation commission on which the accommodation depends in order to settle the dispute.In case of failure, you will then have no choice but to seize the district court of the location of the accommodation.In addition, the owner exposes himself to having to pay delay interests.
Good to know if you have changed owners during the lease (due to sale or succession), it is the new owner who must reimburse you your security deposit.
Furnished: a comparison with photos
Do you rent furnished accommodation?For leases signed from March 27, 2014, the amount of the security deposit, obligatorily indicated in the rental contract, cannot now exceed two months of rent (excluding charges).No security deposit can however be claimed if the rent is payable in advance for a period of more than two months (ex.: quarterly payment).
As with empty rentals, the security deposit must be returned within one month from the day of handing over the keys, if the output input is in accordance with that of entry.Otherwise, the restitution period is brought to two months.
Your lessor will also have to justify all the deductions made.In practice, they may be more numerous than for a bare rental, since the warranty deposit also covers furniture, equipment elements, dishes and kitchen battery whose list is annexed to the lease, often photossupporting.
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