Pourquoi faire l'état des lieux ?
L'état des lieux est un comparatif entre l'état d'entrée du locataire et l'état de sortie. C'est de cette comparaison que sera restitué en totalité ou en partie le dépôt de garantie.
L'état des lieux pour les locations de locaux à usage d'habitation principale ou mixte et leurs annexes
Comment est constitué l'état des lieux ?
The law has made it compulsory to draw up an inventory of fixtures, which must be attached to the rental contract.
The inventory of fixtures describes the condition of a property at the beginning and end of a tenancy agreement. In the event of damage, this document will make it possible to determine whether repairs are attributable to the tenant or the owner.
It must be drawn up in as many copies as there are parties and signed by each of them when the keys are handed over and returned. A unilateral inventory of fixtures has no value. This document is annexed to the lease contract for residential or mixed professional and residential use. The incoming inventory of fixtures is valid for the entire duration of the lease and will be used as a reference for the inventory of fixtures on leaving.
Since 27 March 2014 and the entry into force of the Alur law, furnished rentals are subject to the same obligations as empty rentals.
Afterwards, The inventory of fixtures has become mandatory for furnished rentals. The document must include a precise inventory of the furniture and equipment.
Decree n°2015-981 of 31 July 2015 establishes an exhaustive list of the minimum furniture that must be present in a furnished rental. This includes all the furniture necessary for everyday life apart from the tenant's personal belongings: bedding with blanket or duvet, curtains or shutters in the bedroom, hob, oven, refrigerator with at least one frozen food compartment, crockery and kitchen utensils, table and chairs, shelves, lighting, cleaning equipment.
If the accommodation has
- An individual heating or hot water installation
- Or has an individual meter for a collective installation
The readings for each energy type should be indicated
Entrée et sortie : Déroulement de l'EDL
Incoming inventory of fixtures
Nos diagnostiqueurs AOD diagnostics se montrent très attentifs lors de la rédaction de l'EDL as this is the document that will be valid in the event of a dispute.
The landlord has an obligation to rent clean and well-maintained accommodation and equipment, and any findings to the contrary should be noted.
When visiting, remember to open windows and shutters, test locks and equipment (hobs, taps, lights, water heaters), check the state of the sanitary facilities (flushing, limescale). Stains, mould, cracks and scratches must be reported.
If any equipment appears to be out of date, the tenant may request its replacement on the basis of the document drawn up.
If one of the energy meters is not connected, this must be mentioned and reservations must be made regarding the operation of the appliances concerned.
Outgoing inventory of fixtures
The outgoing inventory of fixtures must be drawn up and signed under the same conditions as the incoming inventory. If the tenant is absent, a bailiff must be called in, otherwise the document will have no legal value. The accommodation must be in the same condition as when it was entered, so the tenant must take care to remove any traces of dirt or mould and fill in any small holes in the walls and other traces of fixtures and fittings, unless the landlord agrees.
Some landlords offer to carry out a preliminary inventory of fixtures to avoid any disputes when the keys are handed over.
Unless otherwise stated on the outgoing inventory of fixtures, the accommodation is deemed to have been returned in a good state of repair. If this is not the case, the landlord may keep all or part of the deposit depending on the amount of the repair or restoration bills. A supplement may be requested if the actual expenses exceed the amount of the deposit.
Expenses related to dilapidation are the responsibility of the landlord. The Alur law provides for the establishment of a dilapidation scale, but it has not yet been published. In the meantime, the value of the equipment should never be invoiced at the price of new.
If the tenant leaves the premises before the end of the notice period, it is in their interest to hand over the keys and have the inventory of fixtures drawn up on the date of their departure. This way, if the property is re-let before the end of the notice period, the former tenant will not have to pay the remaining rent.