What are the legal rules regarding rental property condition reports?

A simple two-page form can determine the fate of a €1,160 security deposit—equivalent to two months' rent for a furnished property costing €580 per month. It is well worth knowing what the law requires of both landlord and tenant before signing.

Article 3-2 of the Law of July 6, 1989, and Decree No. 2016-382 govern the property condition report (*état des lieux*). The report must be drawn up in writing—with copies for all parties involved—in a rigorous manner and with both parties present at the time the keys are handed over or returned. This document serves primarily to compare the property's condition at the start and end of the tenancy, making it possible to identify any damage or necessary repairs attributable to the tenant.

Mandatory details under Decree No. 2016-382

The regulation first addresses identification details. The document must specify the type of report (move-in or move-out), the date it was drawn up, the property address, and the names of the landlord and tenant; for move-out reports, the tenant's new address must also be included.

Next comes a room-by-room description. Floors, walls, and ceilings are inspected individually, as are fixtures and fittings, the keys handed over, and meter readings for water, electricity, and gas. Sufficiently precise documentation also makes it possible to distinguish between damage resulting from normal wear and tear and damage that may justify repairs at the tenant's expense.

The decree does not mandate a single, official form for the property condition report. The property inspection templates available online (you can download a PDF version from Service-Public.fr or the Anil website) serve merely as guides rather than mandatory requirements. What matters is that all legally required information is included in the document. Allowance must also be made for "wear and tear" when it explains the normal deterioration of fixtures, fittings, or other elements of the property.

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