- Key collection: end of a lease
- Understand the principle of key querability
- What if the tenant does not want to return the keys?
When a lease ends, there are various steps to be completed, including the return of the keys. This action must be done the day the tenant or lessor gives leave. Attention, it is necessary to respect the period of notice defined by the law. The return of the keys goes well in the majority of the cases. But what if the tenant does not want to return the keys? Point on the subject.
Key collection: end of a lease
Key collection is a very important step in the relationship between a lessor and his tenant. When the keys are handed over, it means restitution of the premises and the end of the lease as provided for in the law of 6 July 1989.
You have to know that it's not just about "giving back the keys". There are different modalities to respect at conditions of restitution. Keys (all keys: beep garage, cellar, mailbox...) must be returned directly to the owner. In this case, only an agent can receive them. In general, it is a real estate agency mandated to take care of the rental of the premises. Upon delivery of the keys, an inventory of places of exit is also carried out.
Understand the principle of key querability
As mentioned above, do not give the keys to anyone: neither the lawyer nor the notary nor the concierge of the building nor the usher has the power to recover the keys, except if a warrant has been signed by the owner, in the rules. In case of dispute, the judge will not take a non-legal restitution into consideration. In all cases, the handing over of the keys is always done by hand (not in a mailbox and not leaving the keys to a neighbor).
What if the tenant does not want to return the keys?
Key collection is a legal obligation. But what if the tenant refuses to give the keys. In case of late return, and even in the case where the tenant has already released the place, it is subject to compensation of occupation. All the obligations of his lease remain valid during the delay of delay. He is also responsible in case of damage. The only exception accepted would be a discount made impossible for unavailability of the owner.
The lessor then has the right toe keep the deposit because the inventory of places of exit can not be observed. If the tenant has not returned the keys, there is a fairly simple solution that avoids a long and expensive process: change the locks.