Rental properties: no inventory has been created, what are the risks?

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Although it is mandatory in every contract to rent a property concluded according to the rules of the art, it may happen that the landlord has neglected to provide you with an inventory of the premises on entry. This oversight or decision does not invalidate your lease, but it is not without risk either.

It could be an oversight or a conscious decision. At least for the owner. When signing a real estate rental agreement, it is necessary to establish property inventory, between the owner (or the real estate agent in charge of keeping the file) and the future tenant, before signing the lease agreement. However, it may happen that this state… does not occur.

However, in principle, this stage really is COMPULSORY and the document must be attached to the rental agreement. If the tenant then realizes that the elements are missing, he can transfer additional inventory within ten days update it. As you must have understood, no serious real estate agent or private owner in good faith will make you sign a rental agreement for a property without inspecting the entrance premises. Especially since this failure is not without risk. But for whom and why?

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The law is favorable to the owners

Liability in the event of damage remains the biggest concern. In fact, this is one of the reasons why an inventory is mandatory in principle: determine who is at fault for damage to housing. However, it is clear that even without an inventory, the law is favorable to the owner if damage occurs during the rental or when the accommodation is returned. Article 1731 of the Civil Code states that if the inventory was not carried out, “The lessee is presumed to have received them in good condition for repair under the lease and must return them as such unless the contrary is proved”. In fact, without prior notice, the owner may be entitled to ask you to put his accommodation in good condition, namely even if you have nothing to do with it.

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But what can be done to prevent this possible misfortune? As stated by TF1, it is entirely possible to require the landlord to take an inventory of the premises upon entry into registered letter with delivery. In this case, it will be up to the latter to prove that the accommodation was rented to you in good condition, through videos and/or photos taken before your arrival. If nothing is proven, it will be up to him to pay for the necessary repairs. If you’re afraid to give your landlord notice, you can just as easily take clear, and above all, dated photos of the property upon arrival to prove that the damage noted when you left was not yours.

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