Property management covers many aspects and for a neophyte, it is not easy to find your way around. Between the rental management contract, the entry inventory of fixtures, the exit inventory of fixtures and the management of the tenant, your investment may become a real headache. However, you can always delegate to a real estate specialist to avoid this kind of hassle.
What can the tenant be charged?
Management fees are common in real estate. But there may be additional fees, especially when certain situations are encountered.
The invoice after the inventory of fixtures is a way for the landlord to recover a sum of money in order to restore the accommodation. This sum will obviously be used to carry out work.
Indeed, the tenant has the obligation to make the accommodation clean and when this one carried out degradations, it will have to carry out all the current repairs. Otherwise, a deduction will be directly applied on the deposit. But the landlord must justify this deduction.
When the landlord carries out the various cleaning jobs himself, only the materials purchased and the cost of the products may be withheld.
If ever the tenant considers that it is an abusive invoicing after the inventory of fixtures of exit, a letter of contention will have to be addressed to the owner. If unfortunately the landlord does not respond, the next step is to turn to a mediator and finally to a judge.
From the moment the inventory of fixtures has been signed, the tenant remains within his or her rights to refuse to accept any responsibility for damages that are not apparent on the document that has just been signed.
The organization of the work after an inventory of fixtures of exit
From the moment the tenant enters a new dwelling, an inventory of fixtures is established. It is a document attached to the contract on which additional details will be added concerning the general state of the property. In the case of a furnished rental, this information will also concern the objects present and the equipment made available to the tenant.
When the lease ends, another document will be established, this time concerning the inventory of fixtures at the end of the lease. Concerning its drafting, it must imperatively be done the same day as the handing-over of the keys. Thus, a comparison can be made between the exit inventory of fixtures and the entry inventory of fixtures. If the owner notices possible deteriorations which were caused during the tenant's stay, he will be able to apply a deduction on the deposit.
If this deduction is justified, the tenant will have to return the accommodation in the same initial state. In fact, routine maintenance and minor repairs are the responsibility of the tenant.
Nevertheless, there is a difference concerning the degradations resulting from a normal use or time. This concerns both equipment and materials. In this precise context, the tenant will not have to carry out the restoration. For example, a water damage related to the neighborhood, the appearance of cracks in the ceiling, walls that yellow with time or a paint that peels.
How is a deduction made from the security deposit?
When the tenant's obligation is so obvious, the landlord has no choice but to apply a holdback on the security deposit. This deduction will only be used to restore the apartment. It can be for cleaning costs after the inventory of fixtures or for the organization of works following degradations. In all cases, the amount of the deduction must be proportional to the necessary work and the cost of cleaning so that the accommodation is in the same condition as it was initially.
Furthermore, the security deposit is systematically accompanied by supporting documents. This can be an invoice or an estimate. But be aware that in the event of a dispute, it is possible for the judge to refute it by considering that the estimate remains excessive.
However, the owner remains within his right to ensure the cleaning by his own care as well as the work. But in this context, the security deposit will be up to the amount of the product purchased or the price of the material with once again the presentation of an invoice.
How to react in case of abusive invoicing after the inventory of fixtures
If a deduction is made from the security deposit, it is still possible to contest the abusive invoice. Indeed, if the owner is not able to provide the documents justifying the deduction or if he presents an excessive estimate, it will be necessary to find a friendly solution. In this context, the tenant begins by sending a letter of protest to the landlord. This letter will have to be sent in the form of a registered letter with acknowledgement of receipt.
In addition, the tenant can be assisted by the departmental conciliation commission. If, in spite of the attempt at amicable resolution, the reimbursement does not succeed, the tenant will send a letter of formal notice to the landlord with acknowledgement of receipt.
If the dispute is to continue, it is recommended that the tenant keep a copy of the letter that may have been sent. If the landlord does not respond within eight days after the letter of formal notice has been sent, it will be up to the judicial court or the local court to make a decision. However, the latter can only be seized if the sum exceeds 4000 €.
As far as the attempt to take legal action is concerned, it must be done within three years from the time when the deposit should have been made.
What to do in case of contested degradation after the inventory of fixtures of exit ?
If the tenant believes that the landlord is charging for damages that are not recorded on the inventory of fixtures at the end of the rental period, the landlord will not assume responsibility for them. As soon as the inventory of fixtures is signed by the tenant and the landlord, this document is considered as an approval of its content.
To assert his rights, the landlord must refer the matter to the conciliator of justice, then to the departmental conciliation commission and finally to the local court.
Keep your mind at ease
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It is simply the best solution to avoid a drop in your real estate income. No need to manage the tenant, no need to spend time on technical and administrative issues, UpperKey takes care of everything.