Plaatsbeschrijving

Legal framework

A property condition report only carries real evidentiary weight when it is drafted carefully, jointly, and with proper documentation. Below are the principles that matter in any legal system. This text contains general information and does not constitute individual legal advice: the concrete obligations vary by country, and sometimes by region.

Drafting it jointly

  • · A condition report is preferably drawn up in the presence of both parties, or of validly represented parties.
  • · Both parties must be given the opportunity to add remarks and sign the document.
  • · A report drawn up by only one party generally carries far less evidentiary weight against the party who did not take part in it or did not accept it.
  • · If disagreement persists, the parties can jointly appoint an independent expert. If no agreement is reached, the competent court ultimately decides.

Timing

  • · A move-in report is preferably drawn up before occupancy begins, while the property is still empty.
  • · A move-out report is preferably drawn up at the end of the tenancy, before or when the keys are handed back.
  • · The shorter the time between the observation and the move-in or move-out, the stronger the link between the condition recorded and each party's responsibility.
  • · Date the document and have it signed by all parties involved.

Delivering and keeping the document

  • · Send the signed document to all parties involved as soon as possible.
  • · Keep proof of sending or receipt.
  • · Keep the condition report together with the lease agreement, so both documents can be read together in the event of a later dispute.
  • · Agreements on deadlines may be included in the lease agreement. Check whether they are valid in your situation.

Why precision matters

  • · General statements such as "good condition", "clean", "dirty" or "normal wear" leave too much room for interpretation.
  • · A good condition report states as concretely as possible:
    • – the nature of the observation;
    • – the exact location;
    • – the extent, for example in centimetres;
    • – the number;
    • – the severity;
    • – the condition of the element concerned.
  • · State explicitly when something could not be checked and why, for example because an installation was inaccessible, could not be switched on, or was shut off.
  • · Photos can support the observations but do not replace clear text. Link each photo to the relevant room or observation and preferably use a photo number.
  • · Where relevant, note the age, quality and normal signs of use of materials and installations. This helps when assessing any damage later.

Normal wear versus damage

  • · Normal wear is the wear that results from normal use and the passage of time. It generally is not charged to the tenant.
  • · Damage that goes beyond normal wear and can be attributed to the tenant may, however, give rise to compensation.
  • · Damage caused by lack of maintenance or improper use can also be charged to the tenant.
  • · Comparing the move-in report with the condition at move-out helps distinguish between:
    • – pre-existing damage;
    • – normal wear;
    • – new damage;
    • – a changed condition;
    • – a condition that can no longer be verified.
  • · A condition report does not automatically prove who is liable. The concrete circumstances, the content of the report, and any available evidence to the contrary remain important.

Local regulations

  • · Whether a condition report is mandatory, the deadline within which it must be drawn up, the formal requirements that apply, and whether it must be registered all vary by country, and sometimes by region.
  • · Check the rules that apply where the property is located, and which party is responsible for which formality.
  • · In several legal systems, the absence of a detailed condition report significantly weakens the landlord's evidentiary position in a dispute about damage.
  • · If in doubt, consult a local professional or lawyer.