Elements that must be considered at the legal level when carrying out an inventory of fixtures an apartment or house in France:
The condition report, also known as inventory of an apartment, or inventory of fixtures, is a detailed document that provides an accurate record of the condition of the apartment at the beginning and end of a tenancy. The purpose of the inventory of fixtures is to protect both parties: the landlord and tenant by ensuring that any damage, wear and tear, or defects are documented and agreed upon before the tenant moves in. This helps to prevent disputes between the landlord and tenant at the end of the tenancy over who is responsible for any damage to the property.
List of elements that must be considered at the legal level when carrying out an inventory of fixtures or condition report of an apartment or house in France:
The inventory of fixtures is particularly important for rental properties because it is a legal requirement in France. Landlords are required by law to provide an inventory of fixtures or condition report to the tenant before the start of the tenancy and to update it at the end of the tenancy.
The inventory of an apartment is also important for tenants because it helps to ensure that they are not held responsible for any damage that was already present in the apartment before they moved in. By hiring a French real estate Lawyer you will obtain a detailed record of the condition of the apartment, tenants can protect themselves from being unfairly charged for any repairs or cleaning that is needed when they move out.
Legal requirements: The inventory of fixtures or condition report is mandatory in France for all rental properties. It must be carried out before the tenant moves in and again when the tenant moves out.
Identification of the parties: The inventory of fixtures or condition report must identify the landlord and tenant, as well as the date on which it was carried out.
Description of the property: The inventory of fixtures or condition report must provide a detailed description of the property, including its location, size, and layout.
Inventory of items: The inventory of fixtures or condition report must list all of the items that are included in the property, such as furniture, appliances, and other equipment.
Condition of the property: The inventory of fixtures or condition report must describe the condition of the property, including any damage, wear and tear, or defects that are present.
Photographs: It is recommended to take photographs of the property to document its condition. These photographs should be attached to the inventory of fixtures or condition report.
Signatures: The inventory of fixtures or condition report must be signed by both the landlord and tenant to acknowledge its accuracy.
Disputes: In the event of a dispute over the condition of the property, the inventory of fixtures or condition report will be used as evidence in any legal proceedings.
Language: The inventory of fixtures or condition report must be written in French, and it is recommended to provide a translation in the tenant’s language.
Amendments: Any amendments to the inventory of fixtures or condition report must be made in writing and signed by both parties.
Copies: Both the landlord and tenant should keep a copy of the inventory of fixtures or condition report for their records.
Timeframe: The inventory of fixtures or condition report must be completed within 10 days of the tenant moving in.
Joint inspection: It is recommended that the inventory of fixtures or condition report be carried out during a joint inspection of the property, with both the landlord and tenant present.
Professional assistance: It is recommended that landlords seek professional assistance in preparing the inventory of fixtures or condition report to ensure compliance with legal requirements.
Digital documentation: It is possible to create and store the inventory of fixtures or condition report digitally, provided that it is signed by both parties and can be easily accessed and printed when needed.
Updates: It is recommended to update the inventory of fixtures or condition report periodically to reflect any changes in the condition of the property or its contents.
Scope: The inventory of fixtures or condition report should cover all parts of the property, including any outdoor spaces or outbuildings.
Compliance: The inventory of fixtures or condition report must comply with all relevant legal requirements, such as those relating to data protection and privacy.
Disposal: The inventory of fixtures or condition report should be kept for at least five years after the end of the tenancy, after which it can be disposed of.
The “inventory of fixtures” “l’état des lieux” or “condition report” is an important document. The help of French Real Estate Lawers will help to protect both, the landlord and tenant by providing an accurate record of the condition of the property at the begining and end of the tenancy.
About the Author :
Business lawyers, bilingual, specialized in acquisition law; Benoit Lafourcade is co-founder of Delcade lawyers & solicitors and founder of FRELA; registered as agents in personal and professional real estate transactions. Member of AAMTI (main association of French lawyers and agents).
FRELA : French Real Estate Lawyer Agency, specializing in acquisition law to secure real estate and business transactions in France.
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