Avenant état des lieux Template for France

An avenant état des lieux is a crucial legal document in French rental law that serves as an amendment to the original property inventory. This document allows you to officially record any changes that have occurred to the rental property during the tenancy, ensuring both your rights and obligations are properly documented under French legislation.

When do you need this document?

You need an avenant état des lieux whenever significant changes occur to the rental property during the lease period. This includes situations where major repairs have been completed, renovations have been undertaken with mutual consent, or when substantial deterioration has occurred that wasn't present in the original inventory. The document is also required when new fixtures are installed, when existing equipment is replaced, or when there's been damage due to exceptional circumstances like flooding or fire. Property managers and landlords often use this document before lease renewals to update the property's condition record, while tenants may request it to protect themselves from being held liable for pre-existing damage that developed during their tenancy.

Key legal considerations

The avenant état des lieux must follow the same rigorous standards as the original inventory to be legally valid. Both parties must participate in the inspection process, and any disagreements should be documented clearly. The document should include detailed descriptions of each room and any changes from the original state, with particular attention to identifying whether changes constitute normal wear and tear or actual damage. You should ensure that all modifications are properly categorized, as this will directly impact the security deposit refund at the end of the tenancy. The amendment must be signed by both parties and dated, with each party retaining a copy. Any refusal by either party to participate in the process should be formally noted, as this can have legal implications for future disputes.

Legal requirements in France

Under French law, the avenant état des lieux is governed primarily by the Loi du 6 juillet 1989 and the Loi ALUR of 2014. Article 1724 of the Code Civil defines the landlord's obligations regarding property maintenance, which directly affects what changes can be legitimately recorded in an amendment. The Décret n°2016-382 establishes the mandatory procedures for conducting property inventories and their amendments, requiring specific formatting and content standards. The document must include complete identification of both parties, detailed property description, reference to the original lease, clear justification for the amendment, and room-by-room condition updates. French law mandates that this process be conducted contradictorily, meaning both parties must be present and able to contest any findings. The amendment becomes an integral part of the original lease agreement under Article 1134 of the Code Civil, making it legally binding for both parties throughout the remainder of the tenancy.