Who can carry out the inventory?

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Who can carry out the inventory?

When renting out your furnished property in France, taking inventory is mandatory. You usually do it at the lease's beginning and end. But who is supposed to do it? There are multiple possibilities, including both the tenant and landlord, a third-party service, or light of certain situations, even a judicial officer.

Rental: Who can carry out the inventory?

According to the Law of July 6, 1989, taking inventory of the fixtures (EdL) on a principal residence lease is required. It has to be established “amicably by both parties or by a mandated third party.”

The tenant and the lessor carry out the inventory themselves

In terms of expense, it's certainly cheaper and more practical if the tenant and/or the landlord conduct the inventory themselves. However, both will have to be careful to respect certain crucial points:
  • The inventory must be carried out according to what's set on the lease. There should also be multiple copies made so that all parties have their own. 
  • As much as possible, both the tenant and landlord should be present when the inventory is being conducted. 
  • The inventory must include mandatory information that both parties have to be privy to. 

Despite how affordable and practical it is for the tenant and/or landlord to carry out the inventory, it does pose a few risks. They include:
  • Inaccurate findings (results of initial inventory don't match with the results of the final inventory)
  • Both parties can't agree on a common consensus

Cost of a rental report depending on the surface and the year:

The real estate agent and/or expert carries out the inventory of fixtures

It's fairly common to hire a third-party service, usually a real estate agency, to conduct the inventory of your furnished rental. This way, there's an assurance of fairness and an absence of bias. Both parties also get to benefit from the professionalism, integrity, and accuracy of the third party. And the findings can be looked upon by real estate professionals to further prove their accuracy. 

When hiring a professional to conduct the inventory (EdL), part of the fees may be allocated at the expense of the tenant. However, the amount paid by the tenant may not exceed the amount paid by the owner/landlord and must remain within the limit of €3.00 per square meter (m²) of furnished rental (amount revisable annually).

For Example
On a housing of 30 m²:
  • With an EdL that costs a total of €150.00;  The costs paid by the tenant cannot exceed €75.00, since they don't have to pay more than the owner/landlord.
  • With an EdL that costs a total of €200.00;  The costs paid by the tenant cannot exceed €90.00, within a limit of 30 * €3.00, and the remaining €110.00 will be paid by the owner/landlord.

For a furnished rental lease, it will cost you an additional €30.00. However, if the third party accomplished both the initial and final inventories, you won't have to pay the additional €30.00. 

The capping of the inventory price on principal residence leases is governed by the ALUR Law of 1989. It's important to note that this differs from secondary residence leases.

The judicial officer carries out the inventory of fixtures

In the event of a dispute, wherein one of the parties—whether it's the tenant or owner/landlord—refuses to establish their own inventory or doesn't agree to the findings, one of the parties may appeal to a bailiff to establish a rental report.

The ALUR Law of 1989 regulates this situation by the following provisions:
If the inventory cannot be established under the conditions provided for in the lease and as established by a judicial officer on the initiative of the most diligent party, the costs should be equally divided between the tenant and the landlord and at a cost fixed by decree in the Council of State.

The judicial officer informs the parties by means of a registered letter with acknowledgment of receipt within at least 7 days prior to the day the rental report is realized and submitted. The total amount is divided equally between the tenant and the owner/landlord.

Ce qu’il faut retenir :
  • The inventory can be carried out by the tenant and/or landlord, a third-party service, and in the event of a dispute, a judicial officer. 
  • The inventory must be carried out according to the lease and all parties should have a copy of its findings. 
  • Both the tenant and the landlord must be present during the inventory, no matter who is conducting it.

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