Deductions from Deposit: Tenant Rights in France
As a tenant in France, you may wonder whether the landlord can withhold part of the security deposit for damages. This guide plainly explains which reasons justify a deduction, how the landlord must calculate amounts, what documents to gather (inventory of fixtures, dated photos, invoices) and the timelines that apply for returning the deposit. You will also find concrete actions to challenge a deduction you consider abusive, from an amicable request to referring the matter to the departmental conciliation committee or the judicial court. The language is clear so you can act confidently and protect your rights as a tenant in France.
What can the landlord deduct?
The landlord may only withhold amounts corresponding to real and justified damages, tenant repairs not carried out, unpaid rent or charges, or replacement of items damaged beyond normal wear and tear. Normal wear due to duration of occupancy does not authorize a deduction. The burden of proof often lies with the landlord: they must produce invoices, quotes or supporting documents and compare the initial and final condition via the inventory of fixtures and dated photos[2]. If a deduction is disputed, you can first request a written explanation from the landlord.
- Repairs for actual damages.
- Unpaid rent or charges that can be offset against the deposit.
- Replacement of locks or handing over of keys in case of justified loss.
- Restoration when deterioration exceeds normal wear and tear.
How to prove a damage?
Keep the check-in and check-out inventory, take dated photos, keep invoices and written exchanges with the landlord. These items make it easier to contest a deduction and help estimate a reasonable amount. If the inventory of fixtures is missing, proof becomes more delicate and the assessment may be made in favor of the tenant depending on circumstances[2].
FAQ
- Can the landlord withhold the deposit for normal wear and tear?
- No, normal wear and tear related to the length of occupation does not justify a deduction from the security deposit.
- What is the timeframe to return the deposit in France?
- The timeframe depends on the contract and local situations; if there are no damages, the deposit should generally be returned promptly after the check-out inventory.
- How do I contest an abusive deduction?
- Start with a written request to the landlord, then refer the matter to the departmental conciliation committee or the judicial court if necessary.
How to
- Gather the check-in/check-out inventory and dated photos.
- Keep all invoices and quotes related to repairs.
- Calculate the requested amount and verify it corresponds to real costs.
- Send a written and reasoned request to the landlord, preferably by registered letter with acknowledgement of receipt.
- Refer the matter to the departmental conciliation committee or the judicial court if the disagreement persists.
Key takeaways
- A deduction must be justified by evidence and invoices.
- A precise inventory of fixtures protects your tenant rights.
- Favor written communication and keep all proof.
Help and resources
- [2] Service-public.fr - Security deposit and inventory of fixtures
- [1] Legifrance - Law n°89-462 of July 6, 1989
