Deposit in shared tenancy: tenant guide France
When a flatmate leaves, the question of the deposit often causes concern for the remaining tenants. In France, the security deposit is regulated by law and its refund depends on the inventory of fixtures, any necessary repairs and the type of lease. This guide clearly explains who can request the refund, how to document the condition of the property, which deadlines landlords must respect, and what steps to take in case of disagreement. You will find practical steps and examples.
Que faire quand un colocataire part ?
In France, the security deposit is regulated by law.[3] The departure of one flatmate does not automatically trigger the return of the deposit: it remains linked to the ongoing lease unless the contract provides otherwise. The landlord may only make deductions for damage found during the inventory of fixtures.[2]
Keep all payment proofs and the signed inventory of fixtures.
Before requesting a refund, check the lease type (joint tenancy or individual leases), the existence of a recent inventory of fixtures and the written allocation of responsibilities between roommates. If repairs are needed, ask for estimates and keep proof of expenses.
Claim the refund within legal deadlines to protect your rights.
- Send a registered letter to the landlord (notice) to inform them of the departure and request refund terms.
- Keep photos, invoices and the signed inventory of fixtures (evidence) to prove the condition of the property.
- Document and estimate necessary repairs (repair) before any deduction from the deposit.
- Organize key return and formalize the split of the deposit among remaining tenants (move-out).
Good documentation increases your chances of an amicable resolution in disputes.
FAQ
- Does the lease end if a flatmate leaves?
- No, unless the lease explicitly provides for it; in most shared tenancies the departure of one flatmate does not terminate the lease for others.
- Who gets the deposit if a flatmate leaves before the end of the lease?
- The deposit is managed according to the lease: if several flatmates paid the deposit, the refund is made to the named holders or the tenant listed on the lease; it is recommended to have a written agreement between roommates on the split.
- What are the deadlines for refunding the security deposit?
- The landlord has a legal timeframe to return the deposit after key return and inventory of fixtures, subject to justified deductions; check the specific rules to know applicable deadlines.[1]
How-To
- Inform the landlord in writing (mail) and state the flatmate's effective departure date.
- Carry out a joint inventory of fixtures and take dated photos (evidence).
- If repairs are needed, request estimates and either perform the work or agree in writing on deductions.
- Agree among roommates on how to split the refund and keep the written agreement to avoid disputes (rent).
- If necessary, seek conciliation through the departmental conciliation commission and then the judicial court (court).
Key takeaways
- The deposit is generally not returned when only one flatmate leaves.
- A precise inventory of fixtures and evidence protect your rights at refund time.
- The landlord has a legal period to refund the deposit after inventory and key return.[1]
Help and Support / Resources
- [1] Service-public.fr — Security deposit
- [2] Service-public.fr — Inventory of fixtures
- [3] Legifrance — Law n°89-462 of 6 July 1989
