The move-out date is set, the keys are due back, but your tenant doesn't show up for the scheduled move-out inspection—or outright refuses to sign it. Without this document, you lose much of your ability to prove any deductions from the security deposit. Here's how to handle the situation.
The 30-Second Answer
If the tenant refuses to show up or sign the move-out inspection, you can call in a bailiff (commissaire de justice) to draw up a rental report (constat locatif), which carries the same legal weight as a joint move-out inspection. The bailiff summons both parties by registered letter with return receipt, at least seven days in advance, and the cost is split equally between the tenant and the landlord. Without a valid move-out inspection, the law presumes the tenant returned the property in good condition—a point that could cost you dearly on the security deposit. Upload your lease on bail.immo to check the clauses applicable to your situation before starting the process.
What the Law Says
The move-out inspection is governed by Article 3-2 of Law No. 89-462 of July 6, 1989, and by Decree No. 2016-382 of March 30, 2016, which sets out how it must be conducted.
The principle of a joint inspection. To have evidentiary value and allow the landlord to charge the tenant for damages, the move-out inspection must be carried out jointly—that is, in the presence of both parties (or their representatives), who sign it together. Otherwise, the document cannot be enforced against the tenant.
Recourse to a bailiff. If one party refuses to carry out the inspection amicably—by not showing up or refusing to sign—the other party can call in a bailiff to draw up a rental report. The bailiff summons both the tenant and the landlord by registered letter with return receipt, at least seven days in advance, so that each can present their observations. The resulting report has the same legal value as a standard joint move-out inspection.
Sharing the costs. The total fee charged by the bailiff is split equally between the tenant and the landlord (or agency), regardless of which party requested the report.
The consequence of no inspection. In the absence of a valid move-out inspection—because neither party engaged a bailiff, or the report could not be drawn up according to the rules—the tenant is presumed to have returned the property in the same condition as when they received it. A landlord who still wants to prove damages will then have to provide other evidence (dated photos, quotes, witness statements), which is much harder to assert before a judge.
Why This Can Be a Problem
A landlord who lets the situation drag on, thinking the tenant will eventually come back, takes a real risk: the longer it goes without a move-out inspection, the more the presumption of return in good condition favors the tenant, and the harder it becomes to justify a deduction from the security deposit. Conversely, acting without following the bailiff's formalities (late summons, no registered letter) can make the report contestable before a judge.
Concrete Example
A tenant leaves her apartment without giving a specific date and stops responding to the landlord's messages to schedule the move-out inspection. After several unsuccessful follow-ups, the landlord hires a bailiff, who summons the tenant by registered letter seven days before the appointment. The tenant doesn't show up. The bailiff still draws up a rental report, documenting the condition of the property and its fixtures. This report allows the landlord to justify deductions from the security deposit for the damages noted, whereas without this document, he would have been unable to prove anything.
What to Check Before Acting
- Do you have written proof (text, email, letter) of your attempts to schedule an amicable appointment?
- Did the bailiff properly summon the tenant by registered letter with return receipt, at least seven days in advance?
- Do you have the move-in inspection report, which is essential for comparing the condition of the property?
- Do you have other evidence (dated photos, repair invoices) to supplement the report?
What to Do in Practice
First, document in writing your attempts to schedule an amicable appointment with the tenant—these exchanges can be useful if there's a dispute. If the tenant persists in refusing or not showing up, hire a bailiff to draw up a rental report: it's the only way to keep a solid basis for justifying any deductions from the security deposit. Check the clauses in your lease regarding the security deposit and the move-out inspection on bail.immo before starting the process, to make sure they are compliant and enforceable against the tenant.
Frequently Asked Questions
Can the bailiff enter the property without the tenant? If the tenant was properly summoned and doesn't show up, the bailiff can draw up the report in the presence of the landlord alone, provided the summons respected the seven-day notice period and the registered-letter format.
Can I withhold the security deposit without a move-out inspection? It's very risky: without a joint document or a bailiff's report, the tenant is presumed to have returned the property in good condition, making any deduction difficult to justify in a dispute.
Who pays the bailiff if the tenant was the one who failed to appear? The cost is still split equally between the two parties, regardless of who caused the absence or refusal.
Sources
- Drafting a residential lease (rental contract) — Service-Public.fr
- Move-in and move-out inspections — ANIL
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may change at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.