What you need to know

  • The état des lieux is mandatory at move-in and at move-out under the law of 6 July 1989 ;
  • Without an entry inventory, the property is legally presumed to be in perfect condition, which puts the entire deposit at risk for the tenant ;
  • You have 1 month after moving in to add forgotten defects (and the first heating period to flag radiator issues) ;
  • Use bailpdf.com's online tool (in English) to generate your own legally compliant inventory, or download the free template.

What Is an État des Lieux?

An état des lieux (literally "state of the premises") is a written, signed condition report that documents the state of a rented property at a precise moment in time. It is drafted twice during the life of a lease: once at move-in (état des lieux d'entrée) and once at move-out (état des lieux de sortie). The two are then compared, and any difference that goes beyond normal wear and tear can be deducted from the security deposit.

The document is the French equivalent of what UK tenants call an inventory check or a check-in/check-out report, and what US tenants call a move-in inspection or walk-through report. The crucial difference is legal weight: in France, the état des lieux is the only piece of evidence a judge will accept to decide who pays for what at the end of the tenancy.

Legal Basis

The état des lieux is governed by two texts. The law of 6 July 1989 (the loi Mermaz) sets the general framework for residential rentals in France and makes the inventory mandatory. The decree of 30 March 2016 sets the exact mentions the document must contain, the format and the way damage must be described. Anything that does not respect these two texts can be challenged.

Empty Versus Furnished Rentals

For an empty (unfurnished) flat, a single état des lieux is enough. For a furnished rental, French law requires a second document on top: the inventaire et état détaillé du mobilier, which lists every piece of furniture, every plate and every fork. The two documents are usually attached to one another and signed together.

Why It Matters for Expats

The deposit (dépôt de garantie) is the financial reason the état des lieux exists. In France, a landlord can legally hold:

  • Up to 1 month of rent excluding charges for an empty rental ;
  • Up to 2 months of rent excluding charges for a furnished rental.

On a Paris one-bedroom at €1,400 per month, a furnished deposit therefore puts €2,800 on the line. Whether that money comes back in full, in part, or with the legal late-payment penalties depends almost entirely on the comparison between the entry and the exit états des lieux.

Anglophone tenants are particularly exposed for three reasons. The document is almost always drafted in French, often in handwriting and in legal shorthand. The visit happens on moving day, when energy is low and luggage is in the way. And cultural reflexes (a polite "looks fine to me") translate into permanent legal admissions in the French system.

Entry État des Lieux vs Exit État des Lieux

The entry inventory is the snapshot. It records every defect that already exists when you receive the keys, so they cannot be charged to you later. It also records meter readings, the number of keys handed over, and the working order of every appliance.

The exit inventory is the comparison. It is drafted on the day you hand back the keys, in the same room order as the entry document, and the two are read side by side. Anything that is now in worse condition is then classified into one of three buckets:

  • Normal wear and tear (vétusté): paint that has slightly faded, carpet flattened by furniture, a worn-out doormat. The landlord cannot charge for this ;
  • Damage caused by the tenant: a hole in the wall, a broken tile, a stained carpet. The landlord can deduct the repair cost from the deposit ;
  • Pre-existing defects: anything already noted on the entry document. The tenant is never liable.

A French case-law principle called vétusté protects tenants from being charged the full replacement cost of items that were already partly worn. A 10-year-old carpet stained beyond cleaning is rarely worth the price of a brand-new one, and judges routinely reduce charges accordingly.

What the État des Lieux Must Contain

The decree of 30 March 2016 lists the mandatory elements. A document that omits any of them can be challenged in court. The minimum content is:

  • Type of inventory (entry or exit) and date of the visit ;
  • Full address of the property ;
  • Identity and contact details of the landlord (or their representative) and the tenant ;
  • A room-by-room description of walls, ceilings, floors, doors, windows and shutters ;
  • The state of every fitted equipment: kitchen units, bathroom fixtures, radiators, ventilation grilles ;
  • Meter readings for electricity, gas and water, with the meter serial numbers ;
  • The number of keys, badges and remote controls handed over ;
  • The signature of every party present.

Take photos of every room, every defect and every meter reading on the day, and ask the landlord to initial the photo set as an annex to the document. Photos are not legally required but they routinely tip disputes in the tenant's favour. For more on opening utility contracts and reading the meters yourself before the inventory, see our guide to setting up utilities in France.

Who Carries Out the État des Lieux?

The standard procedure is that the inventory is drafted jointly (contradictoirement) by the landlord (or their letting agent) and the tenant, both physically present in the property. Both parties then sign each page. This is called an état des lieux amiable and costs nothing.

If a Letting Agent Charges You

When a real-estate agency (agence immobilière) drafts the entry inventory on behalf of the landlord, the law caps what the tenant can be charged at €3 per square metre of habitable surface. A 30 m² studio cannot legally cost the tenant more than €90 for the entry état des lieux. The exit inventory is paid entirely by the landlord.

When a Bailiff Steps In

If the two parties cannot agree, or if the landlord refuses to draft the document, either side can request an huissier de justice (judicial bailiff, now called commissaire de justice) to produce the inventory. The fee is set by decree and is usually around €200 to €250, shared 50/50 between the landlord and the tenant. A bailiff's état des lieux carries the same legal weight as a jointly signed one and is almost impossible to challenge.

Generating Your Own État des Lieux in English

If your landlord is happy to use a template you bring along, drafting the document yourself is the safest route. You read every line as you fill it in, you can do the work in English first and translate the key descriptors, and the structure forces you not to skip rooms.

Free online tool · In English

Generate your état des lieux in minutes

bailpdf.com provides a free, English-language assistant that walks you through every room and produces a printable, legally compliant inventory of fixtures. No account needed, no email asked, the document is yours to keep.

Use the online tool Download the PDF template

A simple PDF version is also available at bailpdf.com/sites/bailpdf.com/files/pdf/etat-des-lieux-anglais.pdf.

The online tool generates a bilingual document (French headings with English helper text) so a French landlord can sign it without hesitation while you understand exactly what you are agreeing to. Print two identical copies on the day of the visit, fill them out together with the landlord, and keep one signed original each.

The 1-Month Adjustment Period

French law builds in a safety net for tenants who, in the rush of moving day, missed a defect. You have 1 month from the date the entry inventory was signed to send the landlord a registered letter (lettre recommandée avec accusé de réception) listing additional defects. Once received, those additions become part of the original document.

The Heating Period Exception

If you move in during summer, you cannot test the radiators on the day. The law extends the right to flag heating problems to the first month of the heating period (typically October to April). A radiator that does not heat or a thermostat that does not respond can therefore be added to the inventory in November even if you moved in in July.

Furnished Rentals: 10 Days for the Furniture

For the furniture inventory specifically (the inventaire du mobilier), the deadline shrinks to 10 days. Check every plate, every chair leg and every appliance during the first week. After day 10, missing or broken items are presumed to have been there at handover.

Common Items to Inspect Carefully

The defects that most often slip through and cost tenants their deposit are the small, almost invisible ones. Slow them down on the visit by asking the landlord to test each item with you:

  • Floors: scratches on parquet, stains on carpet, cracked tiles, missing skirting boards ;
  • Walls and ceilings: paint chips, holes from previous tenants' shelves, water marks suggesting old leaks ;
  • Plumbing: turn on every tap, flush every toilet, check water pressure and drainage. Note any drip ;
  • Appliances: switch on the oven, the hob, the dishwasher, the washing machine, the fridge. Confirm the door seals are intact ;
  • Windows and shutters: open and close each one, including roller blinds and electric shutters ;
  • Electrics: flip every switch, plug a phone charger into every socket, check the fuse box ;
  • Outdoor areas: balconies, terraces, gardens and cellars must be inventoried just like the rooms ;
  • Smoke detector: French law requires a working détecteur autonome avertisseur de fumée in every dwelling. Note its presence and the test result.

Avoid vague French descriptors like bon état ("good condition") on the entry document. They are weak in court. Prefer factual statements: peinture jaunie sur le mur nord, rayure de 5 cm sur le parquet près de la fenêtre. The exit inventory will be compared word for word.

At Move-Out: How to Maximise Your Deposit Return

Prepare the Property Before the Exit Visit

A few simple steps before the exit visit dramatically improve the odds of getting the full deposit back:

  • Empty the property completely, including the cellar, the balcony and the kitchen cupboards ;
  • Deep-clean every room. The level of cleanliness expected matches the level recorded on the entry document ;
  • Repair small damage you caused (filling picture-hook holes, replacing a broken bulb, regrouting a missing tile) — it is almost always cheaper than letting the landlord do it ;
  • Print the entry état des lieux and bring it to the exit visit, room by room ;
  • Take dated photographs of every room once empty and clean, in case of a later dispute ;
  • Read the meters together with the landlord and write the figures on the document.

Legal Deadlines for the Deposit Return

Once the exit inventory is signed, the landlord must return the deposit within strict legal deadlines:

  • 1 month if the exit état des lieux is identical to the entry document (no damage to deduct) ;
  • 2 months if there are differences and the landlord needs time to obtain quotes for repairs.

A landlord who returns the deposit late owes the tenant the legal interest rate plus a 10% penalty of the monthly rent for every month of delay (a rule introduced in 2014 by the loi ALUR). The deposit is usually returned by bank transfer, so make sure the landlord has your French IBAN — see our guide to finding your IBAN if you are not sure where to look.

A French rental also requires a valid home insurance certificate (attestation d'assurance habitation), which the landlord can ask for at the entry visit and every year after. Switching providers at the end of a tenancy is straightforward as long as you keep the certificate up to date.

When There Is a Dispute

If the landlord withholds part of the deposit and you do not agree, two routes are open before going to court:

The Conciliation Commission

Each département has a free commission départementale de conciliation that mediates between landlords and tenants. You file a written request with copies of the lease, the two états des lieux and the disputed deductions. The commission summons both parties and proposes a settlement. The procedure is free, takes about two months and resolves a large share of cases without a judge.

Going to Court

If conciliation fails, the competent court is the juge des contentieux de la protection (formerly tribunal d'instance) of the location of the property. For amounts under €5,000, no lawyer is required and the procedure is relatively simple. The judge looks first at the entry and exit inventories, which is why the quality of those two documents matters more than any later argument.

For language support during the process, the local ADIL (departmental housing-information agency) offers free advice and sometimes English-speaking staff in larger cities. Our directory of English-speaking helplines in France lists the most reliable starting points.

Before the Visit: One-Page Checklist

Print or save the following before you walk into the property on moving day:

  • A blank état des lieux template (see the bailpdf links above) ;
  • A fully charged phone for photos and videos ;
  • A measuring tape and a flashlight to inspect dark corners ;
  • The contact details of every utility provider you opened a contract with ;
  • A copy of your lease and your attestation d'assurance habitation.

Reminder

Need to draft the document yourself? Use the bailpdf online assistant to produce a printable, legally compliant inventory in English in minutes, or download the free PDF template.