Qui peut m'aider?

Red · #1 27-11-2014 10:00:13

Can anyone please, please help?
I have lived in the same apartment for 10,5 years. I am now leaving. When I moved in I did not register the lease. My copy of the lease does not have a stamp to show it has been registered.
How can I find out if my landlord registered it or the agency?

The landlord had is own expert carry out the etait des lieux, which I signed when I moved in.
If the lease was not registered, is this etait des lieux valid? What should count as age after 10 years? The carpets and walls have never been painted/replaced in that time so I think it's not necessary to clean them so well...
Than you for your help

PIM · #2 27-11-2014 11:18:56

Red a écrit :

Can anyone please, please help?
I have lived in the same apartment for 10,5 years. I am now leaving. When I moved in I did not register the lease. My copy of the lease does not have a stamp to show it has been registered.
How can I find out if my landlord registered it or the agency?
The landlord had is own expert carry out the etait des lieux, which I signed when I moved in.
If the lease was not registered, is this etait des lieux valid? What should count as age after 10 years? The carpets and walls have never been painted/replaced in that time so I think it's not necessary to clean them so well...
Than you for your help

L'absence d'enregistrement du bail ne change rien à la validité de l'état des lieux d'entrée.
Vu la durée (10,5 ans), il est évident que les parachèvements ne doivent pas être restitués comme neufs: il y a un amortissement applicable.

Si l'état des lieux de sortie est effectué par un expert, il le sait.

Red · #3 27-11-2014 11:29:36

Thanks: so if the lease wasn't registered, it just means I can leave - and I assume not pay rent after I have left - before 3 months.
I see I did not sign the etat de lieux on entry, but I think that makes no difference.
Is it better to employ my own expert, do you think?
My landlord wants to come round and take some photos in advance, in order to advertise. I just don't want him to be getting evidence for a payment!
Thank you for your help

grmff · #4 27-11-2014 14:16:24

I have lived in the same apartment for 10,5 years. I am now leaving. When I moved in I did not register the lease. My copy of the lease does not have a stamp to show it has been registered.
How can I find out if my landlord registered it or the agency?

You want to go to the "Bureau de l'enregistrement" concerned by your appartment. None of my tenant have any stamp from the "enregistrement", but all my "contrats de bail" are registered.

The landlord had is own expert carry out the etait des lieux, which I signed when I moved in.
If the lease was not registered, is this etait des lieux valid? What should count as age after 10 years? The carpets and walls have never been painted/replaced in that time so I think it's not necessary to clean them so well...

Registered or not, the "état des lieux" is valid.

If there is a expert, he will know what is due to the age of things, and what is your responsibility.

Just an additionnal note: lack of cleaning is never caused by "age", but by a lack of maintenance by the tenant. Always charged to the tenant...

Red · #5 27-11-2014 14:21:10

Thanks: I just mean it won't be necessary to scrub the walls down. They are dirty and need reprinting but that's not our responsibility?
10 years ago it was the responsibility of the tenant to register the lease. I will check to see if the landlord did this.

grmff a écrit :

Citation :I have lived in the same apartment for 10,5 years. I am now leaving. When I moved in I did not register the lease. My copy of the lease does not have a stamp to show it has been registered.
How can I find out if my landlord registered it or the agency?
You want to go to the "Bureau de l'enregistrement" concerned by your appartment. None of my tenant have any stamp from the "enregistrement", but all my "contrats de bail" are registered.
Citation :The landlord had is own expert carry out the etait des lieux, which I signed when I moved in.
If the lease was not registered, is this etait des lieux valid? What should count as age after 10 years? The carpets and walls have never been painted/replaced in that time so I think it's not necessary to clean them so well...
Registered or not, the "état des lieux" is valid.
If there is a expert, he will know what is due to the age of things, and what is your responsibility.
Just an additionnal note: lack of cleaning is never caused by "age", but by a lack of maintenance by the tenant. Always charged to the tenant...

grmff · #6 27-11-2014 14:22:34

Thanks: so if the lease wasn't registered, it just means I can leave - and I assume not pay rent after I have left - before 3 months.

You are right. There is no need for a preavis if the contract is not registered. Please note that it can be registered anytime, even after 10 years.

So, it is always best to send a leave notice of 3 months as the standard law mention.

I see I did not sign the etat de lieux on entry, but I think that makes no difference.
Is it better to employ my own expert, do you think?

If you did not sign the "état des lieux", maybe you signed a mandate to the expert. A good expert will always do so. Then, no need to sign the "état des lieux".
If you have a good contact with your owner, you can show him your appartment, et ask him if he wants a "état des lieux" by expert.

My landlord wants to come round and take some photos in advance, in order to advertise. I just don't want him to be getting evidence for a payment!

The "état des lieux" is done at the very end, when you're out and hand the keys over. Not during the contract. So, no worries here.

Red · #7 27-11-2014 14:28:26

Ok thanks. So notice is supposed to go from 1st of the month but our rent is due on 20th. If we are out by 20th do we still pay a proportion of the rent?
Have always had a good relationship with the landlord. He says he is thinking of getting an exit report done but am hoping he will change his mind as we have taken excellent care of the place.

grmff · #8 27-11-2014 15:09:55

When you give a notice, it always start 1st day of following month. The notice is (normally) 3 months. Minimum. It can be longer.

You can make it continue till 19 of the month. Or till the end of calendar month. Your choice. According to me, pay as you use.

Red · #9 27-11-2014 15:13:31

Ok well my landlord wants the keys before 3 months so I'm thinking I should only pay for the time I have the keys...

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