Once you put your apartment for rent you will need to add to the contract an inventory and declaration of the condition of the property, whether the contract is for an apartment furnished or not, or even a seasonal contract. This may seem excessive and unnecessary but it is vital to ensure the renting of your property runs as smoothly as possible. Here are the reasons why…
It is in the interest of both parties to take the time to establish the condition of the apartment at the beginning of the tenancy, even more so if the property is furnished. If the condition has not changed at the end of the tenancy the closing statement can thus be succinct. All that is needed is an addendum with ‘nothing to note.’ In case of deterioration, it is important you quickly make note of what has changed during the tenancy.
Once the condition of the property has been established the tenant is under obligation to return the premises in the same way they received it, except for that which has decayed to a reasonable amount given the length of the tenancy or major damage not at the fault of the tenant. With the condition of the property established you can demand the premises to be returned in their original state without having to prove the non-existence of any prejudices.
It is advised to have at least two copies; one for you and one for your tenant. If a condition of property has not been established it is assumed the tenant received the property in good condition and is expected to return the property in an equally good state of repair, unless there is evidence to the contrary. This presumption is limited to general reparations and general upkeep but does not extend to large reparations nor the condition of furnishings. Moreover, this presumption cannot be enforced by the person or persons who inhibited the establishment of a condition of premises agreement, should that be the landlord or tenant.
If a damage occurs after the contract expires, but before the keys are returned, it remains the tenants responsibility to repair the damage.
The inventory is a list of objects, furnishings and facilities that are to be found in the furnished property at the beginning of the tenancy. It is best this takes into account the condition of each furnishing one by one and has a calculated evaluation of the furnishing as a whole.
Without an inventory it is hard to prove the existence of/or the previous condition of any furnishing and their eventual disrepair.
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