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Should I be contributing towards l'etat de lieux despite no fee specific responsibility in the contract?
I've recently signed for an appartment and have been informed I've to pay 140 Euros for my share of L'etat de lieux.
This charge was at no point discussed up front and was not included in the contract (see the following section).
"Les parties conviennent qu’un constat d’état de lieux détaillé sera établi à l’entrée et à la sortie du preneur. Elles désignent <the person> - expert immobilier, en qualité d’expert."
Given that this wasn't discussed and there's no mention of a charge in the contract, is it reasonable for me to challenge this?
I don't want to get out of this on a technicality and if a Belgian national in my situation would pay this - even although they'd potentially have known about this sort of thing up front - then i'll be happy to, despite the belief that strictly accordingly to the law, i don't have to.
If however there's a chance i'm being taken advantage of, then out of principle and financial reasons, i'd prefer to challenge.
Your advice is appreciated.
Since 2007 it is is obligatory to have an état des lieux. The relevant legislation is article 1730 of the "Code civil" which states "Les parties dressent impérativement un état des lieux détaillé contradictoirement et à frais communs". So your rental contract does not specifically has to mention that the costs will be shared, as this is already stated in the relevant law.
It's not necessarily a good sign that your landlord seems to use the same expert to the extent that they are named in the contract (of course it's not a bad sign as such either, but it would be best to be cautious). The expert may have some sort of deal with the landlord, which will become apparent the moment you move out.. It might be an idea to have your own expert. If you do, you pay their fee, and the landlord alone would pay the fee of their expert. But you may well end up paying around 250-300 euros on your own so if you are on a tight budget, not the best situation. In any case, when you get the report back, go through it very very carefully and challenge every single little thing that seems to be incorrect in any way.
If you don't trust your landlord's choice, then you ought to pay for your own. But if the choice is for one expert, he should be neutral and produce a detailed report on the state of each room, with photographs, including of scratches, damage, etc. Plus readings of all the meters.
It is absolutely normal for you to have to pay half the cost of a shared expert if you do not opt for your own expert.
Whether or not you were aware of this, trying to challenge the bill would be a disastrous start to your relationship with your landlord.
Sadly very typical here read the report carefully and if anything is missing like small diets on the door jams photograph it and send a registered letter to both landlord and expert stating what else isn't I. It .
My experience last year. The 10 page etat des lieux with photographs for a one bedroom apartment which was done by one expert on behalf of both owner and tenant in advance of occupation was sent to both parties, together with an accuse de reception, and a bill (half each) to be paid within 30 days. Seems to me that you need the report in advance of paying! And as others have said, you need to sign your agreement while listing any remarks you have. The cost was 130 euros each plus TVA of 27.30 euros each. Defend your rights!
You should ask for:
1) A copy of the report, and
2) a valid invoice
If he / she doesn't provide both, then you have no reason to pay, and you will be perfectly within your rights.
