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Landlord Blocking the Move-Out Inspection: What to Do?

Your landlord keeps postponing the move-out inspection and you're still paying rent and charges? A judicial officer (commissaire de justice) can resolve the situation, with costs shared. Here's the exact procedure and precautions to take.

By Robert S. · Published August 13, 2026

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You've given notice, the move-out date is approaching, and your landlord is no longer responding. No appointment for the move-out inspection, repeated postponements, sometimes total silence. As a result, you don't know whether you should keep paying rent, when to return the keys, and your security deposit remains blocked. This is a common situation, and it has direct financial consequences. Here's how to resolve it without getting trapped.

The 30-Second Answer

No, you do not have to keep paying rent after your notice period ends if you have vacated the dwelling. The lease ends on the scheduled date, even if the move-out inspection hasn't been done. However, as long as you haven't returned the keys, the landlord may consider that you still occupy the premises. The most effective solution: send a formal notice by registered letter, then call on a judicial officer (commissaire de justice) to draw up a rental inspection report. The costs are shared equally between you and the landlord.

Before going further, check that your lease doesn't contain any abusive clauses that complicate your departure. Analyze your lease in a few minutes to spot the traps.

What the Law Says

The law of July 6, 1989 precisely governs the end of a lease. Article 15 provides that the tenant may give notice at any time, respecting a notice period of three months (or one month in a high-demand area, or in certain special cases). At the end of this notice period, the lease is terminated by operation of law. The tenant must return the keys, and a move-out inspection must be carried out jointly between the parties.

The crucial point: the move-out inspection is not a condition for the validity of the lease termination. The lease ends on the scheduled date, even if the landlord refuses to carry out the inspection. This is what the public service reminds us: "When the tenant or the landlord (or their representative) refuses to attend the appointment, or to carry out the inspection, or to sign it, either party may call on a judicial officer."

In other words, the landlord's obstruction does not extend your lease. It does not oblige you to pay additional rent. But it creates an evidentiary void: without a move-out inspection, how can you prove the condition of the dwelling at the time of your departure? This is where the judicial officer becomes essential.

Why This Can Be a Problem

The landlord who blocks the move-out inspection is not always acting in good faith. Sometimes it's negligence. But often it's a strategy: without a move-out inspection, they may try to withhold the security deposit by claiming imaginary damages. Or they may hope you'll keep paying rent out of fear of losing your rights.

The concrete consequences are serious:

Let's take a concrete example. You gave notice on March 1 for a departure on May 31. On May 31, you vacated the dwelling, but the landlord doesn't show up for the inspection. You send them a registered letter to set a new date. They don't respond. You keep paying the June rent "to be safe." Mistake: you've just paid a month's rent for an empty dwelling. The landlord has no obligation to reimburse you spontaneously.

Exceptions to Know

It all depends on the type of lease and the date of signing.

Furnished lease: the notice period is reduced to one month, but the rules on the move-out inspection are identical. The landlord's obstruction does not extend the lease.

Mobility lease: this short-term lease (1 to 10 months) follows specific rules. The move-out inspection remains mandatory, but the security deposit is prohibited. If the landlord blocks the inspection, they cannot withhold any amount on that basis.

Lease signed before March 27, 2014: the ALUR law changed certain rules, particularly regarding the rental inspection report. But the principle of the judicial officer in case of obstruction already existed. However, the costs were distributed differently depending on the case.

Dwelling in a condominium: if the landlord blocks the inspection, the adjustment of charges may be delayed. The landlord may keep a provision on the security deposit, up to 20%, until the annual accounts are finalized. But this does not justify blocking the inspection.

Checklist: What to Do If the Landlord Blocks the Move-Out Inspection

  1. Send a formal notice by registered letter with acknowledgment of receipt. Set a specific date for the inspection, at least 7 days in advance. Remind them that the lease has ended and you have vacated the dwelling.
  2. Keep all evidence: photos of the empty dwelling, meter readings, exchanged correspondence. These will be useful in case of a dispute.
  3. Call on a judicial officer if the landlord doesn't respond. The officer notifies both parties by registered letter, at least 7 days in advance. They draw up a rental inspection report that serves as evidence.
  4. Return the keys by registered letter with acknowledgment of receipt if the landlord refuses to take them in person. The date of key handover is the starting point for the security deposit restitution deadline.
  5. Stop paying rent as soon as the notice period ends, if you have vacated the dwelling. Keep proof of your departure (photos, testimonies).
  6. Claim the security deposit after the legal deadline (one month if the inspection is consistent, two months otherwise). In case of refusal, take the matter to the judge for protection disputes (juge des contentieux de la protection).

Possible Actions

The formal notice: this is the first step. It formalizes your request and proves your good faith. Without it, the landlord can claim they were never informed of your departure.

The judicial officer: this is the most effective solution. The rental inspection report drawn up by the judicial officer has strong evidentiary value. The costs are shared equally between the tenant and the landlord. For a dwelling under 50 m², expect about €132.82 in inspection fees, plus €18.06 for summons letters and €11.28 for travel costs. Your share is therefore about €81. It's a worthwhile investment if your security deposit is at stake.

Taking the matter to court: if the landlord still refuses to return the security deposit, you can take the case to the judge for protection disputes. The judge can order the landlord to return the deposit, plus late penalties (10% of the monthly rent per month of delay, under Article 22 of the law of July 6, 1989).

Reviewing the lease: before anything else, reread your lease. Some clauses may be abusive, especially those that impose restrictive conditions for the move-out inspection. Analyze your lease to identify risky clauses.

FAQ

Do I have to keep paying rent if the landlord doesn't do the move-out inspection? No. The lease ends on the date specified in the notice. If you have vacated the dwelling and returned the keys, you owe nothing more. Blocking the inspection does not extend the lease.

What happens if I return the keys without a move-out inspection? The landlord can claim the dwelling was damaged. That's why it's essential to have a report drawn up by a judicial officer, or failing that, to take dated photos and keep testimonies.

Who pays for the judicial officer? The costs are shared equally between the tenant and the landlord. This is the rule provided by law, whether the report is requested by one or the other.

Can the landlord withhold the security deposit without a move-out inspection? No. The security deposit must be returned within one month (if the move-out inspection matches the move-in inspection) or two months (if there are differences). Without a move-out inspection, the landlord cannot justify deductions. The deadline runs from the key handover.

Can I claim damages from the landlord who blocks the move-out inspection? Yes, if you suffer harm (for example, relocation costs, or a security deposit improperly withheld). The judge can order the landlord to compensate you.

Sources

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 evolve 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.

France vs the United States: what's different

General information only, not legal advice — drafted from general knowledge and may be incomplete, outdated, or vary locally. Always verify with a local source before relying on it. Rental law in the US is set mostly at the state (and sometimes city) level, so these points describe common patterns, not a single nationwide rule.

Security deposit cap

France

Capped by law: 1 month's rent (unfurnished) or 2 months (furnished).

the United States

No federal cap. Many states cap it (often 1–2 months' rent), but a meaningful number of states set no cap at all — it depends entirely on the state.

General information, not precisely sourced — verify locally.

Notice period to end a lease

France

1 month (tight rental-market cities) or 3 months (elsewhere) for the tenant; longer for the landlord with specific grounds required.

the United States

Typically 30 days for a month-to-month tenancy, but a fixed-term lease usually just ends on its stated date with no "notice" concept — again, state and lease-specific.

General information, not precisely sourced — verify locally.

Guarantor practice

France

A personal guarantor or the free public Visale guarantee (Action Logement) is common and normalized.

the United States

Landlords more commonly rely on a credit/income check and sometimes a co-signer, rather than a formal third-party guarantor system.

General information, not precisely sourced — verify locally.

Rent increases during the lease

France

A fixed-term lease's rent generally can't be raised mid-term outside narrow legal exceptions; annual revision (if any) follows the IRL index.

the United States

Mid-lease increases are generally not allowed either, but once a lease ends or converts to month-to-month, increases are usually far less restricted than in France (no nationwide index).

General information, not precisely sourced — verify locally.

Written lease requirement

France

A written lease matching a legally defined model is mandatory for a primary residence.

the United States

Oral leases can be legally valid in many states for shorter terms, though a written lease is standard practice and required above a certain lease length in some states.

General information, not precisely sourced — verify locally.

Landlord Blocking the Move-Out Inspection: What to Do? (France) | bail.immo