- No inventory: a risk for the tenant
- How to protect yourself in the absence of inventory?
- What remedies are possible in the absence of an inventory?
The rental of a property without inventory is not without risk for the tenant who will return the housing in perfect condition, even if it was not on arrival. Details of risks, defenses and remedies in case of absence of inventory.
No inventory: a risk for the tenant
From a legal point of view, in the absence of a state of entry, the new tenant is supposed to receive a housing in good condition of rental repairs *.
* The rental repair concerns the maintenance and repair work paid by the tenant during his lease.
At the end of his lease, the tenant is therefore obliged to restore a housing in perfect conditioneven if it was given to him in bad condition. In the absence of an inventory, the tenant risks pay for repair and maintenanceeven if the vices already existed before his arrival in the dwelling.
How to protect yourself in the absence of inventory?
The presumption that the tenant receives housing in good condition is therefore unfavorable. However, it can be dismissed:
- if he manages to prove the bad initial state in which was the housing before his arrival. For this it is possible to present photographs or films taken from the house before moving in.
- if he addresses a formal notice the owner but that the latter still refuses to establish a state of entry. It will then be the landlord to submit the parts to prove that the housing has been delivered in perfect condition of use.
What remedies are possible in the absence of an inventory?
1. As seen above, the tenant is entitled to resort to a formal notice (formal inquiry, possible by simple letter). It thus tries to force the owner to realize a state of the places of entry.
2. In the event of failure of this step, the case may be taken by the lessor or the tenant Departmental Conciliation Commission (CDC).
Note: the intervention of the CDC is optional but it helps to help the two parties to solve their differences amicably.
3. When the conciliation fails to settle the dispute, the tenant or lessor must then seize the district court on which the dwelling depends.
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