The owner or tenant who organizes the inventory operations must respect the deadline for convening the other party, under penalty of not being entitled to reimbursement of half of the cost.
This clarification, recalled by the Court of Cassation, concerns operations carried out by a bailiff, when the two parties have not succeeded in carrying out the operation amicably. The 1989 law, which organizes tenant-owner relations, expressly provides that in the event of recourse a bailiff at the request of the most diligent party who has organized the visit, in principle costs shared in half between the lessor and the tenant, the bailiff must have summoned the parties by registered letter with acknowledgment of receipt at least seven days in advance. There is therefore no question of a summons using other means of transmission.
The Court of Cassation was seized by an owner who had advanced the 280 euros charged by the bailiff for the establishment of an inventory of fixtures for the departure of a tenant and the latter, summoned less than seven days before, had refused to pay his share of 140 euros. The law supports him, concluded the Court of Cassation.
(Cass. Civ 3, 10/26/2023, T 22-20.183).
Reproduction forbidden.