Can the tenant be charged for the inventory?

Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

It all depends on how the inventory is done. When it is done by a real estate agent and in the presence of the tenant, it is an amicable and contradictory inventory. When the inventory cannot be made amicably or contradictorily (the tenant or the owner not being present), it is necessary to ask a commissioner of justice (formerly bailiff and judicial auctioneer) to intervene. The Commissioner of Justice then carries out a rental statement act of 1989. We present you the information to know.

Amicable and contradictory state of play

The rules depend on the nature of the situation:

The rules depend on the year:

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In 2026

When the inventory of the entrance is made by the tenant and a professional (real estate agent), a part of the costs must be paid by the tenant.

But the share paid by the tenant may not exceed:

  • Half of the fees charged by the real estate agency
  • And a maximum amount, of €3 TTC: titleContent per m² of living space.

Example :

For a dwelling is 25 m², if the inventory is invoiced €170 TTC:

  • Half of the fees charged are equal to €170 / 2 = €85
  • The maximum amount attributable to the tenant is equal to: 25 x €3.03 = €75

So the tenant has to pay €75 (for €75 is less than €85) and the owner must pay the remaining amount, either €95 (obtained by €170 - €75).

Example :

For a dwelling is 25 m², if the inventory is charged €100 TTC:

  • Half of the fees charged are equal to €100 / 2 = €50
  • The maximum amount attributable to the tenant is equal to: 25 x €3.03 = €75

So the tenant has to pay €50 (for €50 is less than €75) and the owner must pay the remaining amount, either €50 (obtained by €100 - €50).

In 2025

When the inventory of the entrance is made by the tenant and a professional (real estate agent), a part of the costs must be paid by the tenant.

But the share paid by the tenant may not exceed:

  • Half of the fees charged by the real estate agency
  • And a maximum amount, of €3 TTC: titleContent per m² of living space.

Example :

For a dwelling is 25 m², if the inventory is invoiced €170 TTC:

  • Half of the fees charged are equal to €170 / 2 = €85
  • The maximum amount attributable to the tenant is equal to: 25 x €3 = €75

So the tenant has to pay €75 (for €75 is less than €85) and the owner must pay the remaining amount, either €95 (obtained by €170 - €75).

Example :

For a dwelling is 25 m², if the inventory is charged €100 TTC:

  • Half of the fees charged are equal to €100 / 2 = €50
  • The maximum amount attributable to the tenant is equal to: 25 x €3 = €75

So the tenant has to pay €50 (for €50 is less than €75) and the owner must pay the remaining amount, either €50 (obtained by €100 - €50).

You can use this simulator to help:

Inventory costs: estimate the tenant's share in 2025

The tenant does not have to pay a fee to make an inventory of the exit premises (for example, the fees charged by the real estate agency).

Any clause of the lease that requires the tenant to pay the inventory of exit is abusive. It must be considered as unwritten.

Rental report

When one of the parties (the tenant or the owner) refuses to establish the state of play in a contradictory manner by not appearing, either party may appeal to a commissioner of justice.

Please note

The Commissioner of Justice shall notify the parties by registered letter with acknowledgement of receipt and at least 7 days in advance, of the day on which he will carry out the rental report.

The sums requested by the Commissioner of Justice (formerly judicial bailiff and judicial auctioneer) are regulated.

Warning  

In some overseas departments, the VAT rate differs.

The amounts requested vary according to the surface of the dwelling.

Tableau - Cost of a rental report (inventory of the disputed premises carried out by the Commissioner of Justice)

Housing surface

Price list (VAT included)

Up to 50 m²

Fee for act: €132.82

+ Convocation letters: €18.06

+ Travel expenses: €11.28

More than 50 m² and up to 150 m²

Fee for act: €154.74

+ Convocation letters: €18.06

+ Travel expenses: €11.28

More than 150 m²

Fee for act: €232.12

+ Convocation letters: €18.06

+ Travel expenses: €11.28

The total cost is shared for half between the tenant and the owner.

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