Etat des lieu

[halfblind]

Just a quick question regarding the end of a rental period and the "etat des lieu" - the state of the place - If the owner of the property and the renter conduct an "etat des lieu" at the end of the rental term can one or both refuse to sign ? What recourse do you have as an owner if the "renter" refuses to sign ?

[Clair]

You might find the answer here: ANIL   (translation)

It's a useful site for both owners and tenants.

[danny]

I assume that an etat des lieu entrée was completed.

If the renter refuses to sign the etat des lieu sortie then you can take photographs etc. I suggest that you take lots of photographs  of the property at the time of the departure and have an independent person with you.

Normally most renters are happy to complete an etat des lieu to get their deposit back.

If you think that the tenant will refuse to sign the etat des lieu, I suggest that you arrange to have a bailif attend on the date the renter departs to complete the "etat".

[halfblind]

Thankyou Clair that site was usefull.

Unfortunately no etat was carried out on entry of our locataire - stupid of us I know - and the locataire has cancelled the depot de garantie cheque - illegally - so we are starting litigation. The locataire only communicates with us via lettre recomande even though the property is across the courtyard !

Never again, you live and learn that people cannot be trusted unfortunately.

[idun]

It was so important that you did this when someone moved in, thoroughly and well. Photos these days are the best.

I feel pretty sure that you not doing it properly was a signal to them that they were going to get away with something.

You can never tell how people are going to be can you. My friend has several places she rents out and every single one of them needs doing up when the locataire leave, sometimes a major overhaul, but usually flooring and walls repainting, which actually I think is rather a lot.

[Richard51]

Without an 'Etat des Lieu' on entry I cannot see that you have any grounds for recovery against the renter.  We complete one even for a one week letting.

Mrs R51

[halfblind]

[quote user="Richard51"]Without an 'Etat des Lieu' on entry I cannot see that you have any grounds for recovery against the renter.  We complete one even for a one week letting.

Mrs R51

[/quote]

Actually by reading the info on the Anil site I discovered that - and I translate - "If by negligence of the proprietor and the locataire no etat des lieux was made at the start of the location period then the locataire is presumed to have received the property in good order".

So it would appear that we have a chance.

[danny]

From a legal point of view the fact that you did not complete an etat des lieu on entrée puts you in a very strong position. The law makes the assumption that in the absence of an etat des lieu entrée that the property was in "as new" condition. I do not understand how they could have cancelled the deposit, normally the deposit is given on the commencement of the lease, have the tenants moved in and then moved out in the time frame it takes to cash a cheque. (3 days).

[halfblind]

Thankyou danny our posts crossed.

The tenant moved in Sept 1 for a supposedly 6 month rent and paid the first months rent and also a cheque for a months rent to be held as guarantee. Three months later after the heated pool was closed for the winter period (unconnected ?) the locataire said she was leaving in 3 weeks and would only pay for that period. We demanded at least a full months rent which she paid but announced that she had cancelled the guarantee cheque. In order to confirm this we deposited the cheque with our bank and sure enough it was rejected, the reason being that the cheque was "lost". This is why we are taking efforts to recover the cheques value.

[danny]

As a matter of interest, was it a furnished letting or an unfurnished letting. If it was an unfurnished letting the tenant must give 3 months notice by registered post. There are exceptions to this rule which I can give you if required.

If the tenant has assets and will be living locally the legal route will give you results. As you have already said the tenants have been communicating by registered letter which indicates that issues exist.

From experience of going the legal route, if the hit in terms of repairs is less than €800 take the hit and move on. Always cash the deposit cheque.

[halfblind]

It was a furnished let. I would love to put it all behind and move on but I hate to think of someone getting away with something like this.

Quote " Don't get angry, get even"