Locataires : comment contester un état des lieux de sortie et récupérer sa caution ?

Outgoing tenants are responsible for maintaining the flat. To make sure that tenants return the property in good condition, a document called the "exit inventory" must be completed with the property management company or the landlord. Objective for the tenant: to have the deposit paid when the lease was signed returned.

How is the inventory of fixtures essential for a tenant wishing to return their deposit?

 

When looking for a flat to rent, a prospective tenant consults property advertisements, visits the properties he or she is interested in, puts together a dossier and, if the property owner accepts, signs a tenancy agreement. This sets out the rights and obligations of the outgoing tenant. Before the keys are handed over to the tenants, a deposit of up to three months' rent is paid to the landlord and an initial inventory of fixtures is carried out. This is important because it shows the condition of the property when the tenant arrives. The purpose of the deposit is to reassure the landlord about any potential unpaid rent and deterioration of the property.

 

When the tenant wishes to leave this accommodation, they naturally hope to return this deposit. However, the landlord may keep all or part of the deposit if he can prove that work has been carried out to restore the property to its original condition. Hence the importance of the final inventory of fixtures. This document will describe the state of the walls, floor coverings, woodwork, plumbing, household appliances and so on;état des lieux conclut à une dérieoration du bien durant la période de location qui va au-delàà de l& usure dite normale, la caution risque d’êêtre amputatedée.

How can tenants dispute the inventory of fixtures on leaving and have their deposit returned?

 

Most of the time, the inventory of fixtures meeting between the property management company, the landlord and the tenant poses no problem. Sometimes the parties do not agree on the amount of wear and tear on the property. It is therefore advisable for the tenant to check the inventory of fixtures at the time of entry before checking the inventory at the time of departure, in order to carry out any necessary cleaning and levelling: On the big day, it's best to have the initial inventory of fixtures on hand so that you can argue if the landlord seems determined to make the outgoing tenant bear the cost of work that was not his responsibility. If the tenant agrees with this inventory of fixtures, he should certainly not sign it, as this would be tantamount to accepting the discrepancies. A landlord who wishes to keep part of the deposit should send a notice of defects by registered post within three days of the inventory of fixtures. If in doubt, the tenant should not sign an exit agreement either, as there is no obligation to do so.

 

What are the alternatives for tenants in terms of state of repair and deposit?

To make sure that your deposit is paid in full, the best thing to do is to deal with minor faults as they arise and to make sure that the deposit is paid as soon as possible;This ensures that the property is well maintained. And if you're looking for a new flat to rent but haven't yet paid the deposit, you'll find plenty of properties available on SherlockHomes and make use of the rent guarantee without a bank dépôt with platform partner SwissCaution.

 

This article is not exhaustive and does not engage the responsibility of its author.

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