The departure of a tenant triggers a series of legal and practical obligations for the landlord, from receiving the notice to handing over the keys to the new tenant. Each poorly managed step can lead to a dispute over the security deposit, prolonged vacancy, or a tax error. Mastering the precise sequence of these procedures helps avoid most common disputes.
Key Handover and End of Notice: Two Dates Not to Confuse
The key handover date marks the legal turning point of the departure. It ends the obligation to pay rent, even if the notice period is still ongoing. A tenant who returns their keys before the end of their notice period only owes rent up to the day of this effective handover.
This distinction has direct consequences on the calculation of the last rent on a pro-rata basis. Confusing the end of the notice period with the key handover often leads to charging for unnecessary days, exposing the landlord to a valid dispute.
Formalizing the handover with a dated document signed by both parties protects everyone. A simple exchange of keys without written evidence makes it very difficult to produce any proof of the date. Using a tenant change checklist helps ensure nothing is overlooked during this critical phase.
Exit Inventory: Formalities and Common Pitfalls
The exit inventory is a mandatory document, drafted in duplicate. It can be prepared on paper or electronically, provided it meets legal requirements: date, address of the property, identities of the parties, meter readings, list of keys returned, and a room-by-room description.
The document must be handed over immediately to both parties. A hastily prepared or late inventory loses much of its evidentiary value in case of a dispute.
Wear and Tear vs. Damage: The Boundary That Determines the Security Deposit
Wear and tear is not damage. Normal wear related to time (yellowed paint, tarnished bathroom seals, slightly marked flooring) does not justify any deductions from the security deposit. Only damages attributable to the tenant, observed by comparing with the entry inventory, justify a deduction.
A landlord who withholds amounts for wear and tear risks a higher restitution. The methodical comparison, room by room, between the two inventories remains the only reliable way to resolve disputes.
Refusal to Participate in the Inventory
If the tenant refuses to appear or contests the process, the landlord can call upon a commissioner of justice (formerly a bailiff) to draw up a report. The costs are then shared equally between the two parties, according to a regulated fee. This procedure guarantees a document that is enforceable in court.
Landlord’s Tax Obligations When Changing Tenants
The departure of a tenant is not limited to managing the physical property. The landlord must declare the occupancy and occupants of their property via the online service “Real Estate” on impots.gouv.fr. This administrative formality, distinct from the declaration of rental income, specifically concerns the identity of the occupants and the periods of occupancy.
Failing to make this declaration during a tenant change can create inconsistencies with the tax authorities, particularly regarding housing tax or vacant housing tax. Updating this service as soon as the new lease is signed avoids follow-ups.
Preparing for the Arrival of the New Tenant Without Vacancy
The period between two tenants represents a direct cost for the owner: unpaid rent, ongoing charges, and PNO insurance still due. Reducing this vacancy requires anticipating several steps even before the actual departure.
- Publish the advertisement as soon as the notice is received, without waiting for the end of the notice period, to organize visits while the property is still occupied (with the outgoing tenant’s agreement, during reasonable time slots).
- Check the mandatory diagnostics (DPE, electricity, gas, asbestos depending on the year of construction) and renew them if their validity expires before the signing of the new lease.
- Plan any necessary restoration work between the two rentals: booking a contractor in advance reduces the vacancy period by several weeks.
- Prepare the new lease contract and all accompanying documents before the visits, so that you can sign quickly as soon as a file is accepted.
Meter Readings and Transfer of Energy Contracts
The water, electricity, and gas meter readings must be included in the exit inventory. They are used to close the outgoing tenant’s energy contracts and open those for the incoming tenant. Without precise readings, the consumption during the interim period may be charged to the landlord.
In a co-ownership, notifying the property manager of the change of occupant also allows for updating the distribution of charges and, if necessary, reserving the elevator or a time slot for the move.
Return of the Security Deposit: Deadlines and Supporting Documents
The deadline for returning the security deposit depends on the comparison between the two inventories. If no damage is observed, the legal deadline is one month from the key handover. In case of discrepancies, this deadline extends to two months, and each deduction must be justified by a document (quote, invoice, comparative photos).
Keeping the entry and exit inventories, dated photos, and written exchanges constitutes the landlord’s proof file. A landlord who exceeds the legal deadline without justification risks an automatic increase in the amount to be returned.
Managing the transition between two tenants relies on a precise sequence: formalizing the key handover, producing a rigorous inventory, updating tax declarations, and then securing the entry of the new tenant with up-to-date diagnostics and a lease. Each neglected step creates a financial or legal risk that could have been avoided with a simple verification in advance.