It is the comparison between the "état des lieux d'entrée" and the "état des lieux de sortie" (effectively, the beginning and ending inventories) which will allow the parties to evaluate if there are notable differences in the condition of the apartment, save for normal wear and tear. If the two "état des lieux" are in agreement, then the renter is guaranteed to recover his/her security deposit. Each of the two parties must have an identical copy (in general, it is the owner/landlord who provides the two copies of the "état des lieux").

The ideal "état des lieux" must describe the state of each and all rooms in the residence including (but not limited to) the condition of the paint, wallpaper, carpeting, wood floors, doors, locks, windows and shutters, electric sockets and switches, electric hot plates, hot water heater, water and gas faucets, flushes, etc.

In the case of a furnished apartment, it is important to also include the furnishings in the inventory.

The following seven steps will put you in the best position:

• Insist on completing the "état des lieux" during daylight hours and when the electricity is working.
• Next to "bon état" (good condition), "état moyen" (average condition), and "mauvais état" (poor condition), list details as precisely as possible.
  Examples:
  
  • Wood floor in "bon état", except for a cracked floorboard.
  • Doors and windows in "bon état," but dirty around the handles
• Verify that all the installations in the residence are in proper working order, such as the intercom, electric hot plates, cooker hood, linen cabinets in the bathrooms, Jacuzzi tub, hot water, etc.
• Ask to examine the outbuildings of the residence from the moment that they are part of the contract ("chambre de bonne," cellar, garage, etc.).
• At the end of both the "états des lieux," beginning and ending, take readings from the electricity and gas meters.
• Note the number of keys received and, later, the number of keys returned.
• Finally, before signing, write down all that concerns you under the section labeled "observations."

Legalities to be aware of:

• The "état des lieux" must be "contradictoire," meaning established between the owner/landlord and the renter (or their representative). When done in this manner, the "état des lieux" is free of charge. It can also be established by a "huissier de justice" (a bailiff) who will represent both parties, and each party will pay one-half of the bailiff's fees.
• If there is no "état des lieux" done at the beginning, it is tacit the apartment was in good condition at the moment when the renter moved in.
• In the case of moving in during the summer months, the renter is in the right to demand a complementary "état des lieux" of the heating elements during the first month of the heating period (in Paris, this period generally begins sometime during the month of October).
• The law considers that an "état des lieux" is null and void if it already served for a previous rental.
• As long as the renter has not returned the keys to the apartment, he/she will still be considered an active renter and continues to be responsible for paying the rent (the keys must be handed over in person; leaving them in the mailbox doesn't count in the eyes of the law).
• Finally, an "état des lieux-entrée" or "-sortie" which has not been signed by both parties (owner/landlord and renter or their representatives) is null and void. Whatever the condition of the apartment, the owner/landlord will have no right to retain the security deposit or any part thereof.

Lastly, it is important to take into account normal wear and tear which implies a slow degradation/depreciation over time. A damaged element can only be billed at the purchased value, to which the appropriate rate of depreciation is then applied.

For example : if the renter burns a hole in the carpet with a cigarette, and the carpet is five years old, then the reduction will be calculated based on the age of the carpet minus the time allowance determined for carpets. In this case, 5 years (age of the carpet) - 2 years (allowance) = 3 years.

With the annual carpet depreciation rate of 18%, the reduction is calculated for the three non-exempt years (18% x 3 years = 54%). Therefore, the renter must reimburse the owner/landlord for 46% of the carpet's cost.

On the other hand, if the damage/deterioration happens during the allowance or exemption period, then the renter is responsible for the full cost of replacing the carpet. This applies to all the elements in the apartment.

Lastly, when an element has outlived its lifespan, a "quote-part résiduelle" of the expense remains the renter's responsibility. So, to replace a cracked 20-year-old sink (damaged, but still in working order), the renter must pay 20% of the replacement cost.

The following is depreciation grid for the elements of an apartment:

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