Tenant left without a move-out inventory
A French tenant hands back the keys without a move-out inventory: have a commissaire de justice draw it up, costs shared. The article 1731 presumption, the deposit, an example.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read
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Have the move-out état des lieux (inventory) drawn up by a commissaire de justice (bailiff). When it cannot be done amicably, the law has the bailiff draw it up at the request of the more diligent party, costs split equally between landlord and tenant, after notifying both at least seven days ahead by registered letter (article 3-2 of the law of 6 July 1989). Do not leave the home without one: without it, proving damage becomes very hard.
Why it matters
The move-out inventory is compared with the move-in one; it is the only document showing what changed, and so what you may deduct from the deposit. Service-Public says it is done when the home is vacated or very shortly after, and that differences due to normal wear justify no deduction.
Article 1731 of the Civil Code sets a presumption: without an inventory, the tenant is presumed to have received the premises in good repair and must return them so, unless proven otherwise. Article 3-2 adds that the party who obstructed the inventory cannot rely on it.
What to do
- Offer a date in writing, ideally by registered letter, at the tenant's new address or by e-mail. Keep proof of sending.
- No answer or a refusal: instruct a commissaire de justice, who notifies both parties at least seven days ahead by registered letter.
- On the day, the bailiff draws up the inventory, with or without the tenant. That record is the move-out inventory the law provides for.
- Compare it with the move-in inventory, item by item, and cost the damage beyond wear, with quotes.
- Return the deposit on time: one month from the keys if the inventories match, two months otherwise.
Keys, and nothing else
If the tenant handed back the keys, in person or by registered letter, the home is vacated and you can arrange the inventory. A tenant who left without returning the keys or giving notice is a different case, abandonment, with its own procedure.
The cost
The fee is regulated. For mainland France, Service-Public gives the bailiff's fee by floor area, plus €18.06 for letters and €11.28 for travel:
| Floor area | Fee (incl. VAT) | Total with letters and travel | Each party's share |
|---|---|---|---|
| Up to 50 m² | €132.82 | €162.16 | €81.08 |
| 50 to 150 m² | €154.74 | €184.08 | €92.04 |
| Over 150 m² | €232.12 | €261.46 | €130.73 |
The totals and shares are our arithmetic from those amounts. Overseas rates differ. An amicable inventory between landlord and tenant costs nothing.
Example
A 42 m² flat. The tenant posts the keys back by registered letter, received on 3 April 2027, without answering two proposed dates. The landlord instructs a bailiff on 5 April; notices go out on the 6th, the inventory takes place on the 15th. It shows two square metres of scratched parquet and a torn-off cupboard door. Against the move-in inventory and after wear, the landlord deducts €240 of repairs and €81.08, the tenant's half of the bailiff's fee, and sends the statement and balance before 3 June 2027, two months after the keys, since the inventories differ.
Common mistakes
- Doing the inventory alone, without the tenant or a bailiff: it is not a joint record.
- Re-letting or starting works first: the evidence disappears.
- Waiting weeks: the later the record, the easier it is to dispute.
- Keeping the whole deposit for lack of proof: every deduction is justified.
For the deadline and late penalty, see the deposit refund calculator and the security deposit guide; for what the tenant owes, tenant repairs in France. If the last month's rent was left unpaid, see can a tenant skip the last month's rent?.
Have your own case checked
A move-out without an inventory often ends in a deposit dispute. The local ADIL gives free housing advice; a commissaire de justice can advise before you deduct anything.
Sources
- Article 3-2 of law no. 89-462 of 6 July 1989, inventories (Légifrance, in French)
- Article 1731 of the Civil Code (Légifrance, in French)
- Article 22 of the 1989 law, security deposit (Légifrance, in French)
- Move-out inventory for a residential lease, Service-Public (in French)
Last checked on 9 November 2026
An inventory that does not get lost
From the Pro plan, the move-out inventory is done in the Kivlo mobile app, with photos and signatures on the spot, even offline. The report goes to both parties, then Kivlo reminds you of the deposit to return and its deadline.
Frequently asked questions
What if the tenant does not come to the move-out inventory?
Have a commissaire de justice (bailiff) draw it up. They notify both parties at least seven days ahead by registered letter, and their regulated fee is split equally between landlord and tenant.
Without a move-out inventory, can the landlord deduct from the deposit?
Hardly. The landlord must prove the damage, and without a move-out inventory the key evidence is missing. A bailiff's inventory fills that gap.
What does article 1731 of the Civil Code say?
Without an inventory, the tenant is presumed to have received the home in good repair and must return it so, unless proven otherwise. The party who obstructed the inventory cannot rely on that presumption.
How much does a bailiff's inventory cost?
The fee is regulated and depends on floor area. Service-Public gives €132.82 up to 50 m² in mainland France, plus letter and travel costs, all split equally.
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Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 2 min read