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Whether you are an owner or tenant, do not neglect the inventory of fixtures. The inventory of fixtures, also known as an inventory of fixtures report by a bailiff (or not), is an essential document that describes the rented accommodation (room by room as well as its possible private annexes), and its equipment.

Il constate leur état de conservation. Dans votre intérêt, la loi a rendu obligatoire son établissement en début et en fin de location, vide ou meublée, afin d’éviter des litiges au départ du locataire. L’état des lieux doit obligatoirement être joint au contrat de location. Il peut être effectué par vous même ou par une agence immobilière. Mais, il peut aussi être établi par huissier de Justice. L’état des lieux par huissier bénéficie, contrairement aux autres états des lieux, d’une sûreté juridique absolue : en effet, la loi lui confère une valeur bien plus grande que l’état des lieux « classique ».

What is the purpose of the inventory of fixtures, what is the difference with the inventory of fixtures by bailiff?

It allows you to compare the condition of the property at the beginning and end of the rental period and to determine, in the event of necessary repairs, which ones are the responsibility of the owner or tenant. It is after comparing the two inventories of fixtures that the landlord returns to the tenant his security deposit, minus any justified sums due by the tenant for rent, charges and rental repairs or damage for which he could be held responsible (see below). Keep a copy of the inventory of fixtures and fittings report, which you must keep throughout the rental period.
Advantage of the report of inventory of fixtures by bailiff : it is kept for at least ten years by the survey: if you lose it, the bailiff will give it back to you. In addition, the website www.mes-constats.com offers free online storage of the reports ordered via this platform.

Refusal of inventory?

If the owner refuses to draw up the inventory of fixtures, he will have to prove that the degradations which he invokes, if necessary, at the end of the lease, are due to the fault of the tenant.
If the tenant opposes, on entering the accommodation, to the establishment of the inventory of fixtures, the owner, in the event of litigation, will be able to prevail himself to have given him the accommodation in good condition.
If by negligence of the owner and the tenant no inventory of fixtures is drawn up at the beginning of the hiring, the tenant will also be presumed to have received the lodging in good condition.
In any case, in case of refusal of an amicable inventory of fixtures, do not hesitate to contact a bailiff.

When to take stock of the situation?

You have to draw up two inventories:
the first at the beginning of the rental period: when the keys are handed over to the tenant, before he moves in or installs his furniture.
the second at the end of the rental period, when the keys are returned to the owner. Both inventories must be drawn up with care and be as accurate as each other.
The same precautions apply to the inventory of fixtures on entry and the inventory of fixtures on exit. To facilitate comparison, it is preferable, whenever possible, to use a single document for both inventories. Otherwise, the inventory of fixtures should be carried out in the form of separate documents with a similar presentation.
Ideally, if you choose the security of the bailiff, hand over the inventory of fixtures at the entrance to the bailiff whom you will have mandated for the inventory of fixtures at the exit.

Do I have to take the same bailiff for the inventory of fixtures at the entry and the exit? 

Absolutely not: if, for one reason or another, you prefer to go through another bailiff, nothing prevents you from doing so. To make an appointment anywhere in France, you can use the online booking platform to obtain a report by a bailiff specialized in inventory of fixtures :

In furnished rental :

In addition to the inventory of fixtures, an inventory and a detailed inventory of furniture are drawn up by the bailiff, without any financial supplement.

How much does an inventory cost?

When it is established directly between the tenant and the landlord, it does not incur any costs.
The inventory of fixtures may be drawn up by a third party (e.g. an estate agent) commissioned by one or both parties. In this case, for the entrance inventory of fixtures only, a part of the costs can be charged to the tenant. This service must then be invoiced according to a regulatory ceiling based on the living area and in accordance with decree 2014-890 of 1 August 2014. The part invoiced to the tenant cannot be higher than that of the owner.

When it is drawn up by a bailiff, you can obtain a free estimate online, by making a request for an inventory of fixtures report by bailiff by clicking here

Good to know: 

In any case, the tenant can make reservations
If, although this practice is discouraged, the electricity was cut off when the inventory of fixtures was drawn up, the tenant should express reservations about the operation of the electrical appliances.
The tenant may ask the landlord for additions to the entry inventory of fixtures within 10 days of signing it.
Moreover, during the first month of the heating period, he can ask that the inventory of fixtures be completed by the state of the heating elements.

During the rental period, the tenant must maintain the dwelling and carry out minor repairs; he must not carry out any alterations or major work without the written permission of the owner. In the absence of authorization, the tenant may be obliged to restore the accommodation to its original state at his own expense. If, for example, you furnish the kitchen, the landlord may require you to restore the room to its original state.
- For example, changing the colour of the paints or putting up wallpaper could be considered as simple alterations to the dwelling that the landlord cannot forbid. On the other hand, removing a partition wall or transforming a room into a kitchen would constitute a transformation requiring prior written authorization from the landlord.
- In certain cases, the owner and the tenant may agree to draw up a preliminary inventory of fixtures and fittings, in order to agree on the repairs to be carried out by each party.

THE SECURITY DEPOSIT:

The security deposit, the amount of which is limited to one or two months' rent depending on whether the dwelling is empty or furnished, must be returned within a maximum period of two months from the handing over of the keys by the tenant.
When the inventory of fixtures of exit is in conformity with the inventory of fixtures of entry, the time of restitution is reduced to one month. If the accommodation has been sold or transferred during the lease, the return of the security deposit is the responsibility of the new lessor.
The refund is total or reduced by the sums due, in particular, charges or damage related to an abnormal use of the accommodation noted in the inventory of fixtures and fittings on departure. Repairs due to obsolescence cannot be invoiced to the tenant. Deductions must be justified by the owner.
When the dwelling is located in a co-ownership, the landlord may keep a provision (maximum 20% of the amount of the security deposit) until the date of the annual closing of the accounts of the co-ownership.
Final regularization and return of the balance must be made within one month of the final approval of the accounts. However, the parties may amicably agree to settle all accounts immediately.
If the security deposit is not returned on time, the amount due to the tenant will be increased by a sum equal to 10% of the monthly rent, for each month of delay started, unless the delay is caused by the tenant's failure to provide a new address.
If the security deposit is not returned on time, see here the procedure to follow!

PLEASE NOTE: in some buildings, local agreements between tenants and landlords may allow for an assessment of the dilapidation of the dwelling according to a grid. In addition, your contract may also provide for the application of these obsolescence grids defining, for the main materials and equipment of the rented property, a theoretical lifespan and annual lump-sum allowance coefficients reducing the price of the rental repairs to which the tenant would be liable.

What is the damage attributable to the tenant?

The deteriorations which result from an abnormal use of the housing, are the responsibility of the tenant. It is the case of a dwelling having undergone voluntary or accidental deteriorations, by negligence or defect of maintenance.
Examples: a burnt carpet or with indelible stains, a wall deteriorated by large holes.
Deteriorations linked to a use which is not in conformity with the destination of the accommodation are also the responsibility of the tenant: for example deteriorations caused by pets, even if they are allowed.

How does the landlord justify to the tenant the amounts he is claiming?

When the comparison of the inventory of fixtures of entry and the inventory of fixtures of exit reveals degradations for which the tenant is responsible, the owner must provide him the evidence of the claimed sums: in particular estimate or price lists for the restoration or possibly an invoice.
The owner is entitled to deduct these sums from the amount of the security deposit. In the event that the repair costs are higher than the security deposit, the owner may not only keep the totality of the security deposit, but also ask the tenant for an additional sum.

To make an appointment for an inventory of fixtures report by bailiff, anywhere in France, you can use the first online platform for making an appointment for an inventory of fixtures report: