"It Was Already Like That": How to Prove Otherwise During the Inventory Check and Protect Your Interests

"It Was Already Like That": The Inventory Check Nightmare

The inventory check, a crucial moment in property rentals, is often a source of tension. One of the most dreaded phrases is undoubtedly: "It was already like that!" This statement, although sometimes true, can also be used to hide damage caused by the tenant. Landlords, tenants, how can you navigate this and avoid disputes?

The Crucial Importance of the Entry Inventory Check

The key to countering the excuse "it was already like that" lies in a flawless entry inventory check. This document, drawn up jointly (in the presence of the landlord and the tenant, or their representatives), accurately describes the condition of the property at the time the keys are handed over. The more detailed it is, the easier it is to prove any changes that occurred during the rental period.

What Should a Detailed Entry Inventory Include?

Precise description of each room: Walls, floors, ceilings, windows, doors, equipment (kitchen, bathroom, etc.).
Inventory of furniture and equipment: If the property is furnished, each item must be listed and described (condition, brand, model, etc.).
Meter readings: Water, gas, electricity.
Identification of existing defects: Scratches, cracks, stains, etc.
Photographs: An essential visual aid.

Photographic Evidence: Your Best Ally

Photographic evidence is a major asset during the inventory check. It allows you to concretely visualize the condition of the property at the time of entry. Take photos of each room, emphasizing details and defects. Don't hesitate to use a flash for better visibility. Also, remember to date the photos and attach them to the inventory check.

Tips for Convincing Photos:

Prioritize quality: Use a camera or smartphone with good resolution.
Vary the angles: Take photos from a distance for an overview, and close-up photos for details.
Illuminate properly: Avoid backlighting and use a flash if necessary.
Organize your photos: Create a folder for each room and name the photos descriptively.

How to React to the Excuse "It Was Already Like That"?

During the exit inventory check, if the tenant claims that damage was already present upon arrival, refer to the entry inventory check and the photos. If the defect is not mentioned there, it will be difficult for the tenant to prove their good faith.

The Role of the Independent Expert

In contentious situations, using an independent inventory check expert can be wise. An expert must act with neutrality and objectivity. Faced with a statement like "it was already like that", they must:

Carefully consult the entry inventory check: Analyze the descriptions and photos.
Objectively assess the damage: Determine if the wear and tear is normal or if it is damage.
Document their observations: Take photos and write a detailed report.
Facilitate the discussion: Encourage dialogue between the landlord and the tenant to find an amicable agreement.

Concrete Examples

Example 1: During the exit inventory check, the landlord notices a scratch on the floor. The tenant claims that the scratch was already there. If the entry inventory check does not mention this scratch and no photo attests to it, the tenant will be presumed responsible.

Example 2: The tenant reports water infiltration. The landlord claims that this was already the case before the tenant's entry. If the entry inventory check mentions a trace of humidity, but without further details, it is possible to consider that the situation has worsened during the rental. An expert can then determine whether the deterioration is due to a lack of tenant maintenance or a structural problem.

Rental Disputes: What to Do in Case of Disagreement?

Despite all precautions, disputes can arise. In this case, several options are available to you:

Conciliation: Try to find an amicable agreement with the help of a conciliator.
Mediation: Use a mediator to facilitate dialogue.
Legal action: Seize the competent court to settle the dispute.

Conclusion: Prevention is the Best Protection

To avoid unpleasant surprises and costly disputes, a rigorous and documented entry inventory check is essential. Don't hesitate to take photos and call an expert if in doubt. Prevention is the best protection to preserve your interests, whether you are a landlord or a tenant.