Understanding the specific features of the inventory in the context of a residential lease agreement
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Summary:
An inventory is a document that describes the condition or deterioration of a property. It is generally established at the end of a tenancy agreement, but it is highly recommended to establish one at the beginning of the contractual relationship.
The check-in and check-out inventories are 2 essential steps when renting a residential property. They help prevent disputes between landlords and tenants.
The inventory:
- is a detailed document that describes the condition of the property upon arrival (check-in inventory) and departure (check-out inventory) of the tenant;
- is carried out by both parties;
- serves as a reference for assessing any damage or deterioration that may have occurred during the rental period.
With an accurate and comprehensive inventory, landlords and tenants can ensure a transparent and fair relationship. This minimises the risk of disputes and facilitates the return of the rental deposit.
Who is concerned
Any (natural or legal) person who rents or rents out a property for residential use.
This also applies to joint tenancies.
How to proceed
Check-in inventory at the beginning of the tenancy
The inventory is mandatory when the tenant is required to provide a rental deposit (which is almost always the case).
In any case, it is preferable to draw one up in order to avoid disputes at the end of the contract.
The inventory must be drawn up between the landlord and the tenant (or their representatives) no later than when the tenant moves into the property and must be:
- in writing;
- as accurate as possible so that it can be used as a reference in the event of subsequent problems;
- adversarial: the tenant and landlord have the opportunity to present their observations and respond to each other's arguments;
- dated and signed by both parties.
The inventory can be directly incorporated into the lease agreement.
An inventory is particularly useful for:
- the tenant, who, without this, is presumed to have received the property in good rental condition. Therefore, noting damage in the inventory allows them to protect themselves.
- the landlord, who, without this, cannot use the rental guarantee as reimbursement for any damage caused to the property.
Pease note: it often happens that leases contain a clause whereby the tenant declares that the property was in good condition when they moved in. Therefore, in the absence of an inventory at the start of the tenancy, the tenant is automatically liable for any damage to the property found at the end of the contract.
It is important that the tenant insists that any damage they notice during the first visit to the apartment are mentioned in the inventory.
They should not sign a contract stating that the rented premises are in good condition at the time of taking possession of the premises if this is not the case.
If, within a few days of occupying the premises, the tenant notices damage that was not noted in the inventory:
- they must report them to the landlord (preferably by registered letter);
- the landlord may refuse to acknowledge this damage and rely solely on the check-in inventory signed by both parties.
Check-out inventory at the end of the tenancy
As a general rule, the check-out inventory is drawn up when the tenant leaves the property and returns the keys to the landlord.
As long as the tenant has the keys, they are expected to pay rent.
In principle (and unless otherwise stipulated in the lease agreement), the tenant must return the rented premises in the same condition as they were received.
Damage caused by normal use, wear and tear or obsolescence:
- is not considered rental damage (e.g. small holes in the wall caused by nails used to hang pictures); and
- may not be charged to the tenant.
Therefore, there is no need to mention such damage in a check-out inventory.
In the case of joint tenancy, if a flatmate leaves early, the flat-share agreement stipulates that an interim inventory must be carried out to determine each person's responsibilities and allocate the rental repair costs. An amendment to the agreement is signed by the other flatmates.
There is no legal obligation to establish a check-out inventory.
In case of disputes
In most cases, the inventory is established jointly by the landlord and tenant, or by their representatives, to avoid having to pay the fees for the services of a third party.
In the event that, during the rental period, the relationship has deteriorated to the point that the tenant and the landlord no longer wish to have direct contact at the end of the lease, the inventory must be drawn up by an independent person. Both parties must agree in advance on this person (bailiff, estate agent, architect, etc.). This person is not necessarily an expert appraiser.
In the case of a dispute, being present when the inventory is established is recommended. Once the inventory has been established, it will be difficult to demonstrate that it is not accurate.
Who to contact
-
Magistrate's Court
- Address:
- Luxembourg
-
Magistrate's Court Magistrate's Court of Diekirch
- Address:
-
8-10, Place Joseph Bech
L-9211
Diekirch
Postbox 66 L-9201
- Phone:
- (+352) 80 88 53 1
- Fax:
- (+352) 80 41 90
-
Magistrate's Court Magistrate's Court of Esch-sur-Alzette
- Address:
- Place Norbert Metz L-4006 Esch-sur-Alzette
- Phone:
- (+352) 530 529
- Fax:
- (+352) 530 529 304
-
Magistrate's Court Magistrate's Court of Luxembourg
- Address:
-
Cité Judiciaire - Plateau du Saint-Esprit - Building JP
L-2080
Luxembourg
Postbox 15
- Phone:
- (+352) 47 59 81 1
- Fax:
- (+352) 46 54 34
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Related procedures and links
Procedures
Links
Further information
-
Guide on residential leases & links
on the website of the Tenants Protection Association Luxembourg
-
Brochure "Savoir loger – Guide du locataire"
publié par Caritas Luxembourg sur issuu
Further information
- Code civil
-
Loi modifiée du 21 septembre 2006
sur le bail à usage d'habitation et modifiant certaines dispositions du Code civil
