When a tenant moves out, landlords often find damages: holes in the walls, broken doors, stains on the floor… But few know that if one important procedure is overlooked, all these expenses will have to be paid by the landlord.
⚖ IMPORTANT COURT DECISION
The French Court of Cassation ruled: if the landlord did not properly complete the check-in and check-out procedure, they cannot demand compensation for damages.
This happened in one case: the property owner accused the tenant of neglecting the garden. However, the inspection report was made unilaterally, without the tenant’s participation. The court deemed this document invalid and ordered the landlord to return the tenant’s deposit in full.
🏠 TENANT’S OBLIGATIONS
According to the law, tenants are required to maintain the property in good condition and pay for minor repairs. For example, their responsibilities include:
✔ Removing stains and holes from the walls
✔ Caring for the garden (if specified in the lease)
✔ Restoring the flooring
✔ Repairing damaged furniture and appliances
However, even if the tenant leaves the property in terrible condition, the landlord cannot claim compensation unless the damages are officially documented.
📜 THE LANDLORD’S MAIN MISTAKE
If the tenant refuses to be present at the inspection, the landlord is not allowed to prepare the report alone. In this case, a bailiff must be called, and the costs for their services are shared between the parties.
In the case considered, the landlord ignored this step, prepared the report alone, and lost the lawsuit. As a result, they were forced to return 1,539.60 euros to the tenant, including a fine for the delay of the deposit.
✉ HOW TO AVOID FINANCIAL LOSSES?
To avoid such situations, landlords must follow proper procedures:
📌 Agree on the property inspection in advance when the tenant moves out
📌 Conduct the inspection together with the tenant
📌 If the tenant refuses — call a bailiff
📌 Be sure to send the tenant a registered letter with acknowledgment of receipt to document the attempt to agree on the inspection date
A simple registered letter could have saved the landlord from legal disputes and financial loss. Don’t ignore this crucial detail!
⚖ IMPORTANT COURT DECISION
The French Court of Cassation ruled: if the landlord did not properly complete the check-in and check-out procedure, they cannot demand compensation for damages.
This happened in one case: the property owner accused the tenant of neglecting the garden. However, the inspection report was made unilaterally, without the tenant’s participation. The court deemed this document invalid and ordered the landlord to return the tenant’s deposit in full.
🏠 TENANT’S OBLIGATIONS
According to the law, tenants are required to maintain the property in good condition and pay for minor repairs. For example, their responsibilities include:
✔ Removing stains and holes from the walls
✔ Caring for the garden (if specified in the lease)
✔ Restoring the flooring
✔ Repairing damaged furniture and appliances
However, even if the tenant leaves the property in terrible condition, the landlord cannot claim compensation unless the damages are officially documented.
📜 THE LANDLORD’S MAIN MISTAKE
If the tenant refuses to be present at the inspection, the landlord is not allowed to prepare the report alone. In this case, a bailiff must be called, and the costs for their services are shared between the parties.
In the case considered, the landlord ignored this step, prepared the report alone, and lost the lawsuit. As a result, they were forced to return 1,539.60 euros to the tenant, including a fine for the delay of the deposit.
✉ HOW TO AVOID FINANCIAL LOSSES?
To avoid such situations, landlords must follow proper procedures:
📌 Agree on the property inspection in advance when the tenant moves out
📌 Conduct the inspection together with the tenant
📌 If the tenant refuses — call a bailiff
📌 Be sure to send the tenant a registered letter with acknowledgment of receipt to document the attempt to agree on the inspection date
A simple registered letter could have saved the landlord from legal disputes and financial loss. Don’t ignore this crucial detail!
📞 Contact us for more information!