In short
The check-in and check-out état des lieux (inventory of fixtures and condition) is compulsory for any letting of a main residence (unfurnished, furnished or bail mobilité, the short-term mobility lease) and must be drawn up contradictoirement (jointly), with the tenant and the landlord (or their agent) present. Done between them, it is free. Carried out by an agency, the tenant pays at most half the fees and at most €3.03 incl. VAT per m² of living area for a check-in inventory done in 2026; the check-out inventory cannot cost them anything (service-public.gouv.fr, verified on 10 March 2026). If either party refuses or fails to attend, a commissaire de justice (court officer) draws up a report whose regulated fees are split equally.
An obligation at every move-in and every move-out
The check-in inventory is attached to the lease and drawn up when the keys are handed over; the check-out inventory, when they are returned or very shortly afterwards (service-public.gouv.fr). There are three ways to do it:
- amicably, between tenant and owner;
- amicably, between the tenant and a professional (estate agent or notaire) representing the owner;
- by a commissaire de justice (formerly huissier, bailiff) if either party refuses to attend, to carry out the inventory or to sign it. They summon both parties by registered letter at least 7 days in advance; their report is binding on everyone, even if one party is absent.
For a furnished let, there must also be an inventory and detailed condition report of the furniture, signed and annexed to the lease, which cannot give rise to any charge other than that for the état des lieux (service-public.gouv.fr).
What the document must contain
The état des lieux is written, on paper or in electronic form, and given to each party on signature. The check-in and check-out inventories are presented either on a single document with two columns per room, or on two similarly laid-out documents. At a minimum it states (service-public.gouv.fr):
- the type (check-in or check-out), the date and the location of the home;
- the names of the parties and, where applicable, their agents;
- the readings of the individual water and energy meters;
- the keys and means of access;
- for each room, the condition of floors, walls, ceilings, equipment and furniture, with any observations, reservations and photos;
- the signatures.
At check-out, the tenant’s new address, the date of the check-in inventory and any changes observed since are added.
Correcting the check-in inventory. The tenant can ask to supplement it within the 10 calendar days that follow, for any element of the home, and during the 1st month of the heating season for heating elements (service-public.gouv.fr).
Who pays for the inventory: the per-m² cap in 2026
| Situation | Tenant’s share | Source |
|---|---|---|
| Between tenant and owner | €0 | service-public.gouv.fr |
| Check-in, with an estate agent | At most half the fees charged, up to €3.03 incl. VAT/m² of living area (2026) | service-public.gouv.fr |
| Check-out, with an estate agent | €0 (any clause to the contrary is unfair) | service-public.gouv.fr |
| Report by a commissaire de justice | Half the regulated fees | service-public.gouv.fr |
Where the cap comes from. Decree no. 2014-890 of 1 August 2014 (art. 2) set the cap for the inventory service at €3 per m² of living area. It is revised by arrêté (ministerial order) in line with the IRL (rent reference index): the order of 17 July 2025 indexes it, from 1 January 2026, to the change in the IRL between the third quarters of 2024 and 2025 (Légifrance). The amount applicable in 2026, published by service-public.gouv.fr, is €3.03 incl. VAT/m².
Official example: for 25 m², an inventory invoiced at €170 incl. VAT. Half is €85; the cap is 25 × 3.03 = €75.75. The tenant pays €75.75, the owner €94.25. If invoiced at €100, the tenant pays only half, €50 (service-public.gouv.fr).
Fees of a commissaire de justice in mainland France (VAT included, fee order of 25 February 2026 cited by service-public.gouv.fr):
| Area | Rental report |
|---|---|
| Up to 50 m² | €132.82 |
| From 50 to 150 m² | €154.74 |
| Over 150 m² | €232.12 |
To this are added the summons letters (€18.06) and travel costs (€11.28). The total is split equally; fees are higher in the overseas départements (service-public.gouv.fr).
No inventory, or a disagreement
- No check-in inventory because the landlord refused, despite a formal notice: at the end of the lease they will have to prove they delivered the home in good condition to charge for any damage.
- Tenant refuses: they are presumed to have received the home in a good state of tenant’s repairs and must return it in that state, unless they prove otherwise.
- Vétusté (wear and tear): differences due to normal wear justify no deduction from the security deposit; a grille de vétusté (wear and tear schedule) can be agreed when the lease is signed.
For a dispute of €5,000 or less, an attempt at amicable settlement (departmental conciliation commission, conciliateur de justice or mediator) is compulsory before bringing the matter before the juge des contentieux de la protection (the judge for tenancy and consumer disputes), within 3 years of the dispute arising (service-public.gouv.fr).
FAQ
Can the agency charge me for the check-out inventory?
No. Any clause in the lease requiring it is unfair and deemed unwritten (service-public.gouv.fr).
What is the most a check-in inventory for 40 m² with an agency can cost me?
40 × €3.03 = €121.20 incl. VAT at most in 2026, and never more than half the invoice (service-public.gouv.fr).
I found a broken radiator in November: is it too late?
No, if you are within the 1st month of the heating season: you can ask to supplement the check-in inventory for heating elements (service-public.gouv.fr).
The owner does not turn up for the check-out inventory: what should I do?
Call on a commissaire de justice; if the owner is absent at the appointment set, you can return the keys by registered letter and are deemed to have returned the home in good condition (service-public.gouv.fr).
Is an inventory done on a tablet valid?
Yes, it can be drawn up in electronic form and delivered electronically (service-public.gouv.fr).
Which professional to consult
An agent immobilier (estate agent) engaged for letting management carries out detailed, photographed inventories, within the cap of €3.03 incl. VAT/m² chargeable to the tenant in 2026. For a furnished let, they also draw up the furniture inventory. A notaire (notary) can also carry out the inventory on the owner’s behalf (service-public.gouv.fr).
Find a professional
One professional per trade and per area, selected and scored out of 100 from public data, with a verifiable title. The trade, its official register and the professionals selected (pages in French):
The real estate agent selected in the largest cities
| City | Professional | Area | Score /100 | Status |
|---|---|---|---|---|
| Paris | Laforêt Paris 15 Vaugirard | Paris, 15e arrondissement | 89 | Selected |
| Marseille | ERA Agence de la Bastide | Marseille, 13e arrondissement | 90 | Selected |
| Toulouse | Nestenn By Solvimo | Toulouse | 84 | Selected |
| Nice | Immo Gambetta | Nice | 71 | Selected |
| Lyon | Orpi Duguesclin Transactions | Lyon, 6e arrondissement | 89 | Selected |
| Montpellier | Immo Angels | Montpellier | 80 | Selected |
| Bordeaux | Human Immobilier Bordeaux Chartrons | Bordeaux | 90 | Selected |
| Lille | Orpi Lille République Beaux-Arts | Lille | 92 | Selected |
| Rennes | Nestenn Rennes Centre | Rennes | 80 | Selected |
| Toulon | iBox Immobilier Toulon Jaurès | Toulon | 84 | Selected |
The 10 cities with the most sales (DVF 2025) where a real estate agent is selected; in a city with several areas, the best-scoring profile. "Verified": title read at the register by Payotte; "Selected": title declared, verifiable on the profile.
Related guides
Sources
- État des lieux d'entrée dans un bail d'habitation (service-public.gouv.fr, vérifié le 10 mars 2026) (checked 11 October 2026)
- État des lieux de sortie pour un bail d'habitation (service-public.gouv.fr, vérifié le 10 mars 2026) (checked 11 October 2026)
- Peut-on faire payer les frais d'état des lieux au locataire ? (service-public.gouv.fr, vérifié le 10 mars 2026) (checked 11 October 2026)
- Décret n° 2014-890 du 1er août 2014 relatif au plafonnement des honoraires imputables aux locataires, article 2 (Légifrance) (checked 11 October 2026)
- Arrêté du 17 juillet 2025 portant révision des plafonds des honoraires liés à la mise en location d'un logement imputables aux locataires (JO du 24 juillet 2025, Légifrance) (checked 11 October 2026)
- Bail d'habitation : quelles différences entre logement vide et logement meublé ? (service-public.gouv.fr, vérifié le 6 mars 2026) (checked 11 October 2026)
All guides on buying in France · Prices and professionals, city by city