Deposit and GLI for Tenants in France
If you are a tenant in France, it is normal to wonder whether the landlord can require both a security deposit and an unpaid rent insurance (GLI). Both tools aim to protect the landlord but work differently: the deposit is a sum provided as a guarantee, while the GLI is an insurance taken out by the landlord or required of the tenant depending on the contract. Knowing your rights, legal limits and possible steps helps avoid abuses and respond in case of a dispute. This article explains when combination is possible, which formalities to respect, and how to act if you believe your rights are infringed in France.
General principles
Law n° 89-462 of July 6, 1989 governs residential leases in France and sets rules concerning the deposit and the landlord's obligations.[1] In practice, the lease may provide for a security deposit and indicate whether the landlord takes out an unpaid rent insurance (GLI). The holder of the deposit and the insurer have distinct mechanisms to cover unpaid rent.
When is combining possible?
Nothing automatically forbids combining deposit and GLI, unless a specific clause or particular rule in the lease says otherwise. The landlord can request a security deposit within the legal limit and, at the same time, subscribe to or require insurance against unpaid rent via an insurance policy. However, abusive or clearly disproportionate clauses can be challenged.
- Check the lease to know the commitments of the tenant and the landlord.
- Compare requested amounts with the legal ceiling for the security deposit depending on the type of rental.
- Request a copy of the GLI insurance contract and the conditions of recourse.
Obligations and limits
The security deposit must be returned within legal deadlines after the move-out inventory, after justified deductions. If a GLI is in place, the insurer may intervene to compensate the landlord, but this does not exempt the landlord from following legal procedures to recover sums or dispute damages. In case of uncertainty about the validity of a clause, the departmental conciliation commission or the judicial court can be seized.
What to do in case of refusal or abuse?
If you consider a landlord's request abusive (excessive amount, unjustified insurance obligation, etc.), start by raising it in writing and ask for supporting documents. If discussion fails, you can contact the departmental conciliation commission (CDC) or bring the case before the judicial court to decide.
Practical documents and steps
- Keep the lease, the inventory of fixtures and rent receipts.
- Request the GLI insurance contract and the statement of benefits in case of activation.
- Use the CDC before any legal proceeding to attempt conciliation.
FAQ
- Can the landlord request both a deposit and a GLI at the same time?
- Yes, combining is possible unless an illegal clause or abuse of rights exists; each element serves a different function (guarantee vs insurance).
- Does the GLI replace the deposit?
- No. The GLI is an insurance that covers unpaid rent, while the deposit is a sum that guarantees the tenant's obligations and can be retained for repairs or unpaid rent.
- What to do if I consider the request abusive?
- Request supporting documents, attempt conciliation via the departmental conciliation commission, then seize the judicial court if necessary.
How-To
- Carefully reread the lease and note any clause regarding deposit and GLI.
- Request in writing the GLI insurance proof and the details of the amounts claimed.
- Keep all evidence (contract, exchanges, receipts) for conciliation or legal action.
- Contact the departmental conciliation commission, then, if needed, the judicial court.
Key takeaways
- Combining deposit and GLI is generally possible but regulated by law.
- Keeping written proof helps defend your rights in case of dispute.
Help and Support / Resources
- Consult rules on the security deposit and inventory of fixtures
- Access legislative texts (Law n° 89-462 and Code)
- Information on the departmental conciliation commission
