The inventory of fixtures

An inventory of fixtures written with the greatest care supports the good relationships between owners and tenants. The drafting of an inventory of fixtures is obligatory for the empty hirings of residences controls by the law of July 6, 1989.

The inventory of fixtures, also called “report of inventory of fixtures” is a document which describes in detail housing rented item by item, as well as the equipment which it comprises. One will distinguish obviously the inventory of fixtures of entry, at the beginning of lease, and the inventory of fixtures of exit, at the end of the lease. That is used to check that the tenant fulfilled well his obligations with regard to repairs and maintenance. Like specifies it article 1730 of the Civil code, “if it were made an inventory of fixtures between the financial backer and the taker, this one must return the thing such as it received it, according to this state, except what perished or was degraded by outdatedness or major force”. If it is thus, the owner will refund with the tenant the integrality of his deposit. If not, it will take deposit the labor costs of repair or maintenance which the tenant should have dealt with.

The inventory of fixtures established directly between the tenant and the owner of costs anything. If the two parts are not able to agree, it is established by an usher, the formation expenses cannot exceed a regulated flat-rate amount and are divided per half between the owner and the tenant. When one of the parts elects an usher, or any other professional, to establish an inventory of fixtures, whereas the other was not opposed to its establishment by amicable agreement, the expenses of the inventory of fixtures fall entirely on that which elected the professional.

At the time of the inventory of fixtures of entry and exit, the owner and the tenant must take the reading of the meters: water, gas, electricity. As the inventory of fixtures among must be comparable with that of exit, it is to better use an identical presentation for the two documents. Be precise as for the drafting of the comments.

If no inventory of fixtures is established, article 1731 of the law of July 6, 1989 stipulates: “if it were not made of inventory of fixtures, the taker is supposed to have received them in good state of tenant's repairs and must return them such, except the contrary proof. In other words, the tenant is supposed to take and return housing in perfect state, in the absence of inventory of fixtures. Except if it is the owner who opposed the establishment of the inventory of fixtures. In this case, it is with the latter to prove that the tenant is responsible for the possible degradations noted at the exit. If the owner refuses to draw up the inventory of fixtures, it will have to prove that degradations which it calls upon, if necessary, at the end of the lease, are due to the fault of the tenant. If the tenant is opposed, at its entry in housing, with the establishment of the inventory of fixtures, it will be supposed to have received it in good state. So by negligence of the owner and the tenant, no inventory of fixtures is drawn up at the beginning of the hiring, the tenant will be also supposed to have received housing in good state.

The owner must return the deposit poured by the tenant at the time of his entry in the places, in the two months which follow the handing-over of the keys. The deposit, whose amount is limited to one month for the beams concluded as from the 9.2.08, must be to him completely refunded, by deducing sums due such as rents, loads, tenant's repairs or degradations for which it could be held responsible.

The ageing of housing related to time is not ascribable to the tenant. During the hiring, the tenant must maintain housing and to carry out the minor repairs, it does not have effector of important transformations or work without the authorization of the owner, if not it will be obliged to give housing in its initial state and with its expenses. Housing must be given in the state where the tenant received it. Deteriorations resulting from an abnormal use of housing are ascribable to the tenant, such as for example a cigarette burn. In the event of litigation concerning the inventory of fixtures, the deposit, the loads, the tenant's repairs, the standards of decency or a proposal for an increase in rent at the time of the renewal of the lease, the owner or the tenant can approach, without expenses, the departmental commission concerning conciliation. The commission will convene the parts and will try to find an agreement.