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The état des lieux: France's deposit battle, fought on day one

By Covered Abroad Research Desk · Last verified July 2026

The état des lieux d'entrée is the document that describes the state of the dwelling and its fittings when keys are handed over, per service-public.fr — attached to the lease, whether unfurnished, furnished or bail mobilité. It must allow comparison between the property's condition at entry and at exit: either one document with an entry column and an exit column per room, or two documents with similar presentation. If either party refuses, a commissaire de justice can be called in — with costs shared.

What the document is

Service-public.fr sets out the definition: a written document describing the state of the dwelling and its equipment at the moment of key handover, attached to the lease of the tenant's main residence. The format rule matters: it must permit comparison of the property's state at entry and at exit — either a single document with an "at entry" and "at exit" column for each room, or separate documents with similar presentation, on paper or electronic.

Source: service-public.fr — État des lieux d'entrée (fiche F31270), read 10 September 2026.

When nobody agrees: the commissaire de justice

Per the same fiche: if the landlord or tenant refuses to draw up or sign the état des lieux, either party can call a commissaire de justice (formerly huissier), producing a constat locatif — with the parties notified by registered letter at least 7 days in advance, and the costs shared between tenant and landlord. That's the escape hatch; the everyday path is amicable, done together at handover.

Source: service-public.fr — constat locatif par commissaire de justice, read 10 September 2026.

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Playing it as the tenant

The entry document is your deposit's defence file: every scratch, stain and worn fitting recorded at entry cannot be charged to you at exit. Photograph everything, write precisely, and never accept "we'll sort it later" — the exit comparison is only as strong as the entry text. The same logic runs across borders: Germany's version lives inside the Übergabeprotokoll culture, and the Netherlands fights rent itself at the Huurcommissie. French landlords hold the dépôt de garantie until this comparison resolves.

Source: service-public.fr — État des lieux, read 10 September 2026.

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Common questions

Is the état des lieux mandatory?

It's attached to the lease and done at key handover per service-public.fr — and skipping it hurts the party who later needs proof. For tenants: no entry document means the law presumes good condition at entry.

What if the landlord refuses to do one?

Either party can call a commissaire de justice for a constat locatif — 7 days' registered-letter notice, costs shared — per the official fiche.

One document or two?

Either: a single document with entry and exit columns per room, or two documents with similar presentation. The legal test is that entry and exit states can be compared.

Does it apply to furnished lets and bail mobilité?

Yes — the fiche covers leases of the main residence rented empty or furnished, and the bail mobilité.

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