The inventory (état des lieux) in Luxembourg

Yes, as soon as the tenant pays a rental deposit, which is almost always the case. It must then be drawn up no later than the day you move in. Even without a deposit, it is strongly recommended.

The law does not require one, but it is usually drawn up when the tenant leaves and returns the keys. It is what allows a comparison with the move-in inventory, and so the return of the deposit.

In principle the landlord and the tenant together (or their representatives), which avoids paying a third party. If relations are bad, an independent person can do it, chosen by mutual agreement: a bailiff, an estate agent or an architect, for example. It does not have to be an expert.

It must be:

• written and as precise as possible, room by room;
• adversarial: each party can add their remarks;
• dated and signed by both parties.

It can be included in the lease. Be there in person: it is hard to prove afterwards that an inventory does not reflect reality.

The tenant is presumed to have received the home in good condition. Many leases also contain a clause in which the tenant declares having received it in good condition: the tenant can then be held responsible for damage found at move-out. On the other hand, without a move-in inventory, the landlord cannot use the rental deposit to cover damage.

Do not sign a lease saying the home is in good condition if it is not.

Report it to the landlord, preferably by registered letter. The landlord may still refuse and rely only on the signed move-in inventory, which is why it is worth checking everything on the day.

No. What comes from normal use, wear or ageing is not rental damage, for example small holes left by picture frames. It cannot be charged to the tenant, unless the lease provides otherwise.

If the move-out inventory matches the move-in one (apart from normal wear) and everything is paid, the deposit is returned: half within a month of handing back the keys, the rest after the charges statement. Otherwise the landlord can keep the amounts he can justify.