Long-term management

My Tenant Didn't Return the Apartment in the Same Condition: What Now?

· Unlocker co-founder, Legal Services ManagerPublished on · Updated on · 2 min read
Photo of an apartment interior with plants and a sofa

Your tenant left the home damaged and you don’t know how to react: start by comparing the move-in and move-out inspection reports, then deduct from the security deposit what the damage costs, leaving out normal wear and tear. This remedy is part of good practice in long-term rental management.

Your Tenant’s Responsibilities

The law requires tenants to answer for damage and losses that occur during the lease, unless they can prove force majeure, fault on the owner’s part, or the act of a third party. They must also maintain the home and carry out small routine repairs.

But they aren’t responsible for everything. Damage caused by age, defects or force majeure is not their responsibility. Keep that in mind to avoid misunderstandings.

Go All In on Inspection Reports

The move-in and move-out inspection reports are your best defense. On Unlocker, you can do them from your phone, including for a well-documented end-of-lease restoration.

The move-in report is the baseline, and the move-out report lets you record what changed. Add photos to document both: it’s always useful in a disagreement, even if the situation escalates into a formal dispute over the inspection report.

Wear-and-Tear Schedule: Your Tool for Staying Fair

If you want to avoid conflicts, use a wear-and-tear schedule. It lets you estimate the normal wear on equipment and apply deductions when repairs are needed. It isn’t mandatory, but it’s a good habit for staying fair with your tenant.

What to Do If the Home Is Damaged

Here are the steps to follow if you find damage:

  1. Assess the damage: carefully compare the move-in and move-out inspection reports.
  2. Ask for quotes: have the necessary repairs priced.
  3. Deduct from the security deposit: use it to cover the costs. If it isn’t enough, you can claim the difference from the tenant.
  4. Negotiate: try to settle things amicably before moving to more drastic measures.

If it gets stuck, you can go to court, but keep that as a last resort.

Prevention Beats Damage Control

To avoid ending up in this kind of situation, focus on prevention:

  • Write detailed inspection reports and back them up with photos.
  • Visit the home regularly, with the tenant’s consent.
  • Communicate clearly and often with your tenant throughout the lease.
  • Check every year that the tenant has valid home insurance.
  • Ask from day one for the guarantees suited to the tenant’s profile: it limits the risk before any damage happens.

If you have doubts or a complex case, get help from a professional. It can save you time, and headaches.

Sources
AuthorRachel Stehlin

Rachel Stehlin has been Legal Services Manager at Unlocker since September 2022. A lawyer by training, with a master's degree in law from the University of Haute-Alsace, she spent more than 13 years as a court-appointed delegate for the protection of adults under guardianship. At Unlocker, she handles legal questions around rental management and the carte G (the French property management license).

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