According to a January 2010 study *, approximately 37% of renters would not collect their security deposit when they left their home. It is therefore essential to realize the inventory of entry and exit with the utmost care, a must for both the tenant and the owner. Indeed, this document describes with precision the state of the property in order to determine the possible damages attributable to the tenants. That's why this week Handyman gives you all the keys in your hands for a successful inventory!
During the inventory.
The state of entry must be in the presence of both parties concerned or their representatives before the signing of the lease and delivery of keys. Here, the
The aim is to record as precisely as possible the condition of the dwelling before the tenant takes possession of it. Thus each room must be carefully observed from floor to ceiling, not to mention the various equipment such as sanitary and electrical installation. The objective is to notice and especially to note on the document making office of the state of the places the least details. So do not hesitate to pick up cracks on sanitary, damaged wooden slats, cracks and peeling paint or any traces of moisture. Once the inventory of fixtures established, and signed by the two parts, each one must preserve preciously its copy in order to leave it at the time of the inventory of places of exit. If necessary, the tenant has a few days to add new information on the inventory. Finally, at the beginning of the winter period, an inventory of the heating can be done. If the tenant moves in without an inventory of fixtures has been made; the accommodation is then considered in good condition. It must therefore be made as such. As for the inventory of places of exit, it must be done when the tenant returns the keys of the housing, in the presence of the two parts or their representative. Its course is identical to the state of entry places. Attention, the tenant is not required to make the housing in better condition than he found it. However in case of non realization of this inventory, the tenant must be returned the whole of its deposit.
After the inventory.
After the inventory of places of exit, the owner has legally two months maximum to restore or not the deposit of guarantee paid by the tenant. Once this time has elapsed, it is recommended that the tenant claim the amount due through a registered letter with acknowledgment of receipt. It should also be noted that the aging of housing and its veteness can not be blamed on tenants. Thus only the so-called rental repairs (list on LegiFrance) such as the changes of plumbing joints or the maintenance of the gutters can be deducted from the deposit, provided to justify them by an invoice or an estimate. On the other hand, if the rental degradations represent a sum greater than the deposit, the owner can claim the missing money to carry out the necessary works. In case of dispute; both parties have the right to seize the departmental conciliation commission free of charge in order to find an amicable solution or to seize a local judge or even the district court if the amount in question exceeds four thousand euros.
Finally, the landlord may possibly deduct from the security deposit a certain sum corresponding to the annual updating of the rental charges provided that he provides proof to his tenant.
* sources: "national association of consumers and users"