As a landlord, the property inspection report is your best tool for protecting your investment. A thorough report that complies with regulations provides solid evidence in the event of a dispute. This guide presents best practices, legal obligations and the most common mistakes to avoid.
The importance of a thorough inspection report
The inspection report is the only document that will allow you to justify a deduction from the security deposit. Without it, you cannot prove that the tenant caused damage, even if it is obvious. Case law is consistent on this point: no check-in inspection report means no deduction is possible.
But an inspection carried out hastily is barely more useful. If the report is too vague ("good condition", "acceptable state"), it will be difficult to prove a specific item of damage. You need to describe the condition of each element precisely and document it with photographs.
This is why more and more landlords are turning to independent professionals. The cost is modest (from 85 € excl. VAT) and the protection it provides is invaluable.
Documents to keep
As a landlord, you must build and retain a complete file for each property:
- -The check-in inspection report: original signed by both parties, with photographs. This document must be kept throughout the tenancy and for at least 3 years after the tenant vacates (limitation period).
- -The check-out inspection report: same retention rules as the check-in. Comparing the two documents is the basis for any deduction from the security deposit.
- -Repair quotes and invoices: in the event of a deduction, you must justify the amount withheld with quotes or invoices. Keep them carefully.
- -The wear and tear schedule: if annexed to the tenancy agreement, it will be used to calculate the proportion of damage attributable to the tenant after accounting for normal wear and tear.
- -Correspondence: keep all correspondence with the tenant regarding the condition of the property, maintenance requests and notifications.
The security deposit: rights and obligations
Management of the security deposit is governed by French law. As a landlord, you must observe strict rules:
Return deadlines
The deadline depends on the outcome of the comparison between the two inspection reports:
- -1 month if the check-out inspection matches the check-in (no damage found).
- -2 months if discrepancies are found between the two reports.
The deadline runs from the date the tenant returns the keys (not the date of the inspection if different).
Late return penalties
If you fail to return the deposit within the deadline, you must pay the tenant a penalty of 10% of the monthly rent excluding service charges for each month of delay commenced. This penalty is added to the amount of the deposit owed.
Justifying deductions
Any deduction from the security deposit must be justified in writing. You must provide the tenant with: the comparison of the check-in and check-out inspection reports, the relevant repair quotes or invoices, and a detailed breakdown of the deduction (taking wear and tear into account). A simple letter stating a lump sum without supporting evidence is insufficient and will be challenged.
Mistakes to avoid
Mistake 1: not carrying out an inspection report
This is the most serious mistake. Without a check-in inspection report, the property is presumed to have been handed over in good condition. The tenant can argue that the damage already existed when they moved in. You will be unable to deduct anything from the security deposit.
Mistake 2: an inspection report that is too vague
"Walls in good condition" proves nothing. You need to be precise: "bedroom 1 walls: white paint, good condition, no marks or cracks" or "kitchen walls: white tiles, one cracked tile to the left of the sink". The more precise the description, the more useful the document.
Mistake 3: no photographs
An inspection report without photographs is a half-finished job. Written descriptions are open to interpretation. Time-stamped photographs provide objective and hard-to-dispute evidence.
Mistake 4: exceeding the security deposit deadline
Even if your deduction is perfectly justified, missing the return deadline (1 or 2 months depending on the situation) automatically triggers a penalty of 10% per month of delay. Be rigorous about deadlines.
Mistake 5: ignoring wear and tear
Normal wear and tear is not damage. Worn carpet after 10 years of tenancy does not justify a deduction. If you deduct the full cost of replacement without applying the wear and tear schedule, the tenant can contest it and win in court.
Why delegate to a professional
Entrusting your inspection reports to an independent professional such as EDL 33 offers considerable advantages for landlords:
- -Time saving: no need to travel, coordinate appointments or write up the report. Maé handles everything, from scheduling to sending the completed report.
- -Guaranteed quality: a professional report is comprehensive, well-structured and compliant with regulations. It is electronically signed and time-stamped.
- -Neutrality: as an independent third party, the expert has no vested interest. Their report is difficult to challenge, unlike an inspection carried out by the landlord themselves.
- -Smoother relationships: the presence of a neutral third party eases tensions and facilitates the process, especially when disagreements may arise.
Landlord checklist
Before each change of tenant, make sure you have:
- Scheduled the check-out inspection with the outgoing tenant
- Retrieved the check-in inspection report for comparison
- Booked a professional to carry out the inspection
- Prepared the keys to hand over to the new tenant
- Noted the meter reference numbers for readings
- Verified that the smoke detector is in place and working
- Planned the timeline for returning the security deposit