The state of play
Rental: The inventory of fixtures
A decree lists the information that must be included in order to carry out a State of play in accordance with June 1, 2016. Apart from the need to carry out the latter, it is above all crucial in order to avoid conflicts of interest between landlord and tenant. How to correctly carry out in all points its inventory?
The decree adding a mandatory aspect on the information appearing on the inventory, the latter was defined as mandatory during the Renting accommodation since 1989. The Ministry of Territorial Cohesion recalling that "The law has made mandatory its establishment at the beginning and end of the rental, empty or furnished, in order to avoid disputes at the departure of the tenant".
Therefore two inventories are necessary:
It is specified in the decree by the ministry: "To facilitate comparison, it is preferable, as far as possible, to use a single document for the two inventories. Failing this, the inventory must be carried out in the form of separate documents with a similar presentation".
In order to carry out its implementation, it is necessary to be done in writing in electronic or paper format by including the date, the signature of the owner and the tenant (or the mandaté). Each contracting party the contract must have a reproduction, it must be made as many times as necessary according to the number of persons interested in the contract, in order to be kept in case of dispute.
The decree adding a mandatory aspect on the information appearing on the inventory, the latter was defined as mandatory during the Renting accommodation since 1989. The Ministry of Territorial Cohesion recalling that "The law has made mandatory its establishment at the beginning and end of the rental, empty or furnished, in order to avoid disputes at the departure of the tenant".
Therefore two inventories are necessary:
- The inventory of fixtures of entry to have a reference before the arrival of the tenant,
- The inventory of fixtures of exit to see the state of the housing before a potential relocation.
It is specified in the decree by the ministry: "To facilitate comparison, it is preferable, as far as possible, to use a single document for the two inventories. Failing this, the inventory must be carried out in the form of separate documents with a similar presentation".
In order to carry out its implementation, it is necessary to be done in writing in electronic or paper format by including the date, the signature of the owner and the tenant (or the mandaté). Each contracting party the contract must have a reproduction, it must be made as many times as necessary according to the number of persons interested in the contract, in order to be kept in case of dispute.
The inventory of places of exit
On this inventory it is essential to enter the new address of the home or, if applicable, place of accommodation of the tenant as well as the date of termination of the inventory of fixtures of entry. Potentially, the changes in the condition of each room and part of the remarkable housing since the inventory of fixtures of entry establishes beforehand. An inventory that does not constitute a generic term such as "housing in good condition", being visible quite regularly, will make it possible to close all directions leading to a dispute.
The important and essential points for the inventory
- The EdL is essential for the entry AND exit of the property
- An EdL is signed, ratified and delivered by and for ALL parties to the contract
- The EdL must contain the most accurate description of the property possible
- The EdL must contain all the capital mentions
Once the entry EdL has been made, a copy specific to each party is given, the devices are working properly, any defect has been reported, there is still a period of one month from the heating of the dwelling to report a heating problem. For any disagreement concerning the EdL, it is possible to have recourse to a bailiff, the bailiff being officially able to carry out an EdL. The appeal leading to a complaint before the Departmental Conciliation Commission and then to the District Court.
Ce qu’il faut retenir :
- A decree lists the information that must be included in order to carry out an inventory of the situation in accordance with June 1, 2016.
- The decree adding a mandatory aspect on the information appearing on the inventory, the latter was defined as mandatory during the Renting accommodation since 1989.
- The inventory of fixtures of entry to have a reference before the arrival of the tenant
- The inventory of fixtures of exit to see the state of the housing before a potential relocation.
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Posted on 21/10/2021 by
Andy LECUYER
