On check-out day, both parties should bring their original check-in inventory report containing scores and notes. Luckily, it will contain a section to input check-out inventory scores. Hopefully, for both parties, both scores during the check-out will be the same. What if it’s not the case?
What if the landlord exaggerates on the low side (worst scores than at the check-in)?
“Never sign a check-out inventory report without a reservation(s),” strongly advised , partner at Elvinger Hoss Prussen, during an interview on 27 August 2024. Both parties should write and sign off those reservations, and there normally are only a few. After, parties can confidently sign the check-out inventory report.
“[The tenant] should definitely not sign,” said , counsel at DSM Avocats à la Cour, stated during an interview on 22 August 2024. Yet he admitted that the involvement of a bailiff “is not always possible at this stage.” Moreover, giving access to the bailiff may be challenging once the keys are returned to the landlord. The tenant must assess the cost-benefit equation for an objection given the fees incurred to hire a bailiff. “Alternatively, and even if the probative value is lower, a registered letter can be sent.”
The landlord may also refuse to sign the check-out inventory report with tenant’s marks (bad/good/very good). Martin advised renters to immediately send a registered letter to the landlord detailing the objections and include all relevant documentation (e.g., photos). He added: “The testimony of a third-party present during the check-out may also be useful in case of further litigation.”
In the case of proven damages by the tenant, Nickels thinks that the court would lean with the tenant should the latter commit to make the repair “within the next week or two” after the check-out inventory.
When to involve a bailiff or an estate agent during the checkout?
“An estate agent? Never. There is no point,” abruptly answered Martin. He explained that the relevant independent party is the bailiff. Testimonies and/or photos are helping the parties “to document a minima the state of the flat.”
Should the tenant believe the check-out will be problematic due to past interactions with the landlord, “it is advisable to contact a bailiff a few days before… bailiffs are generally very reactive,” recommended Martin.
“A recourse to a bailiff is not infrequent, including for housing rentals,” observed Nickels. He noted that there are several bailiffs in Luxembourg and one can get hold of one of them quite easily in two or three days. DSM suggests to its clients to call the bailiff several days in advance, informing that you are about to carry out a check-out inventory and their help may be necessary.
A tenant may refuse those costs unless they are in the contract
Martin indicated that the intervention of a bailiff may, depend on the value of the issue. That is particularly true should the parties disagree on the condition of luxury materials and coverings at the end of the rental. Indeed, everything that the bailiff noted in his report will be authentic until proven otherwise. In addition, photos taken by the bailiff can also help the judge to get better sense of the condition of the rented premises at the end of the lease.
Yet both parties should agree on the fee split. “The bailiff will send the bill to the party calling him,” warned Nickels. The parties must make their cost-benefit analysis to assess whether reaching out to a bailiff is financially advantageous. The latter may cost around €300 just to observe and note the issue. However, “he will not say where the problem is coming from,” commented Nickels. In fact, the bailiff will report factually what they see.
Can a tenant refuse to pay the cleaning costs?
“A tenant may refuse those costs unless they are in the contract,” opined Nickels. Should the clause be in the contract, he thinks that the tenant may consider asking the landlord to provide quotes (devis) from outsourced companies. “A refusal by the landlord should be considered as suspicious… he has no reason to hide that.” He continued: “were I a landlord, I would ask for two or three quotes to cover my back.”