France
Main Legal References
Law No. 89-462 of July 6, 1989 – Article 3-2
"An inventory of fixtures shall be drawn up jointly by the parties or by a third party appointed by them upon the handing over and return of the keys."
This provision requires the establishment of two inventories of fixtures:
Move-in
Move-out
They must be conducted in the presence of both the tenant and the landlord (or their appointed representatives) to be "joint", meaning that both parties must be able to express their views on the condition of the property.
Taking Photos During the Inventory of Fixtures
Photos may supplement the written inventory but do not replace the official document required by law.
They can be very useful in the event of a dispute, provided that:
They are dated;
They are linked to written observations made on the day of the report only.
In the event of a disagreement regarding a photo or its interpretation, only the written document holds legal value.
Comparative Report
Please use the comparative report to identify the differences and damages between the move-in and move-out conditions.
Standard Clause Authorizing Photos During the Inventory of Fixtures
"The parties agree that photographs may be taken during the inventory of fixtures in order to document the condition of the premises. These photographs shall be kept with the inventory and used solely for contractual or legal purposes related to this lease."
Switzerland
Swiss Code of Obligations (CO) – Articles 253 to 274g
Although the law does not make the inventory of fixtures mandatory, it is strongly recommended and recognized by jurisprudence as valid evidence in the event of a dispute regarding the condition of the property.
An inventory may be drawn up at the start and end of the tenancy:
Move-in
Move-out
Ideally, it should be conducted in the presence of the tenant and the landlord (or their appointed representatives) so that it is "joint", i.e., accepted and signed by both parties, allowing each to express remarks on the condition of the premises.
Taking Photos During the Inventory of Fixtures
Photos may supplement the written inventory but do not have independent legal force. They are used to illustrate and support written observations, and are especially useful in the event of a dispute, provided that:
They are dated;
They are associated only with remarks made on the day of the inventory;
They do not infringe on privacy (e.g., visible personal belongings, identifiable individuals, etc.);
They are taken with the tenant’s explicit consent, especially if the property is occupied.
In case of disagreement over the interpretation of a photo, only the written document is legally binding.
Comparative Report
Please use a comparative inventory report to identify differences and any damage between the move-in and move-out conditions. This allows for an objective and transparent assessment of potential repair costs.
Standard Clause Authorizing Photos in a Swiss Inventory of Fixtures
"The parties agree that photographs may be taken during the inventory of fixtures in order to document the condition of the premises. These photographs shall be kept with the inventory and used solely for contractual or legal purposes related to this lease."