Early termination of the lease and exit inventory

When you have to leave your accommodation at the end of your contract/mandate, or if you move during your stay, you must always pay attention to :

  • the termination conditions for terminating the lease early,
  • at the exit inventory to check the general condition of the accommodation with the lessor.

Early termination of the lease by the tenant

Most contracts have a single annual term. As this clause is restrictive for the tenant, the law gives him the right to leave his accommodation without having to pay the rent until the contractual due date provided that the following conditions are met :

  • a solvent replacement tenant must be proposed to the lessor, which means that his income must be sufficient to pay the rent and the charges (which must not exceed 30% of the gross monthly income) and that he is not subject to prosecution for indisputable debts (the certificate of non-prosecution is the means of proof),
  • the new tenant must be willing to take over the lease under the same conditions (duration, rent, etc.),
  • the lessor must not have a reasonable reason to refuse the candidate (over-occupation of the premises, exercise of an activity which would disturb the tranquility of the neighborhood or the standing of the building).

The exit inventory is an inspection

On the day of the surrender of the premises, once the outgoing tenant has emptied the dwelling of its furniture, the lessor or his representative usually carries out an inspection.

It should be noted that most agencies organise, before the final inventory of fixtures, a preliminary inventory, where the outgoing tenant will be informed of the steps to be taken so that the final inventory of fixtures takes place in good conditions. and no surprises. The tenant has every interest in attending in order to avoid any dispute relating to the state of the apartment.

This inspection stems from art. 267a para. 1, 2 and 3 of the Code of Obligations, under which the lessor must check the state of the thing and immediately notify the tenant of the defects for which the latter is responsible.

Also remember to notify the various service providers (water, electricity, telephone, etc.) in order to terminate or update your various contracts. Refer to the “Announce your arrival” section for more information.

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