| The inventory of fixtures |
|
|
|
| Practical cards - Hiring | |
|
How is it presented? C `is a document which describes, of the ground to the ceiling, all the parts of your future apartment. It must indicate L `state of ripe, the floor coverings, the electric installations, the panes, the shutters, or of plumbing. NR `thus do not hesitate to excavate everywhere, with the research of the least anomaly or scratch which could be reproached to you your exit. If housing is provided with a kitchen equipped and potentially of other equipment, those must be listed with indication of their at least apparent state. In the absence of particular mention, they are regarded as belonging to the equipment of rented housing and the owner is then held of nonrental repairs and the replacement of the elements and nonreparable apparatuses. If for a practical reason (for example electricity or cut water), one or more elements of comfort or equipment could not be controlled (it is the case also of apparatuses like a furnace or a dishwasher which it is necessary to do to function before detecting that they are defective), of the remarks can be addressed to the owner by letter registered within a reasonable time after the entry in the places: a fifteen days deadline in one month is a maximum to be credible… These remarks, if they are not disputed, are considered to belong to the inventory of fixtures. The law also specifies that during the first month of the period of heating, the tenant can ask that L `inventory of fixtures be supplemented by L `state of the elements of heating. The inventory of fixtures is normally “friendly”; only constraint imposed by the legislator: he must “contradictory”, in other words be drawn up with the two parts or their agents present simultaneously. This document can be drawn up on plain paper or printed form, but in both cases in two specimens, dated and signed. The owner or the tenant can also choose to make it establish by usher, the expenses being then divided per half between them. When L `inventory of fixtures must be established by usher, the parts are advised by him at least seven days with L `advances by letter registered with request D `notice of receipt. When the inventory of fixtures had to be carried out by usher by the fault of one of the parts (tenant or owner) that which of it is responsible must support the totality of the expenses. On the other hand, the owner who has recourse to a third to establish the inventory of fixtures in his place cannot request from the tenant the assumption of responsibility of the committed expenses. Work taken charges some by the tenant The owner is held to deliver with the tenant the housing “in good condition D `use and of repair as well as the equipment mentioned with the leasing agreement in good operating condition”; However, the law specifies that the parts can agree by a clause express of work which the tenant will carry out or make carry out and of the methods of their charge on the rent; this clause must lay down the duration of this charge and, in the event of departure anticipated of the tenant, the methods of his compensation on justification for the expenditure carried out. It is also specified that such a clause can relate to only residences meeting the minimal standards of comfort and D `habitability defined by the decree of March 6, 1987. Disputes concerning the state of housing Law “SRU” of December 13, 2000 introduced into the Civil code and the law Mermaz a provision obliging the financial backer to deliver a “decent” housing, whose minimal characteristics were fixed by a decree of January 30, 2002, in particular prescribing minimal conditions of surface and volume, health, safety and D equipment of comfort… It as specified as if rented housing does not satisfy with these characteristics or the obligations of the owner relating to his “state of use and repair”, the tenant could ask the owner his setting in conformity “without qu `he is undermined the validity of the contract in progress”. Failing this D `agreement between the parts, the tenant can seize the judge who determines, if necessary, the nature of work to be realized and the time of their execution. In the absence of setting in conformity carried out under the above mentioned conditions, the judge can reduce the amount of the rent… The scope of the departmental commissions of conciliation was extended to this type of litigations (to address to you to the prefecture). L `inventory of fixtures of exit The tenant will be considered to be completely responsible for the degradations, volunteers or accidental, caused by him or a third person “of which it answers”: member of the family, friends, domestic animals, etc. A mark of cigarette burn on a fitted carpet, a paper paints as many torn off… damage qu `it will be necessary to take into account. But attention, neither the outdatedness, nor L `wear D `a housing or of its equipment result of normal use can in any being charged to the tenant. Damage due to defects of construction cannot also be charged to him, defects hidden or which have occurred within the framework of a disaster of which the origin is external with housing; provided however that the tenant in good time announced them to the owner, allowing him to bring into play the guarantees and insurances from which it profits. The outdatedness and L `fair wear and tear are evaluated compared to standards of use: 5 to 7 years for a fitted carpet, 7 to 10 years for paintings and wall linings, etc Certains institutional or social financial backers refer to grids of outdatedness which indicate in a theoretical way the lifespan of the various materials which make a housing, and which can be communicated. In the event of need for carrying out repairs, the financial backer is founded to carry out a reserve on the deposit, and even to request from the tenant the refunding of the supplement if work exceeds its amount. These reserves must however be justified by invoices or at least by an estimate. The tenant who disputes these reserves can seize the magistrates' court which will slice. When the litigation is lower than 3.800 euros, the sasine of the court can be made by a simplified way, said statement to the clerk's office, and of course without lawyer (to address itself to the clerk's office of the magistrates' court of the place of housing)… With universimmo.com |
|
| < Prev | Next > |
|---|













