Escrow deposit account: tenant rights France
If you are a tenant in France and your security deposit is withheld or disputed, the procedure to place the deposit in an escrow account can protect your rights. This mechanism allows the deposit to be entrusted to a third party or the court registry to secure the sum during the dispute, until a decision or agreement between parties. This guide explains in clear language when to request an escrow account, which documents to provide, the deadlines to respect and the possible remedies, including bringing the case to the judicial court or conciliation via the departmental conciliation commission. You will find practical steps to prepare your file and tips to avoid common delays or mistakes.[1]
What is an escrow account?
An escrow account blocks the security deposit until the dispute between tenant and landlord is resolved. The amount can be paid to the registry, a notary or a neutral third party depending on circumstances. The aim is to prevent the landlord from using the sum before a judge or conciliation has ruled.
When to request escrow?
- Deposit not returned after the inventory of fixtures (deposit).
- Amount withheld for alleged damages without sufficient proof (deposit).
- Dispute over amounts deducted from the deposit at move-out (deposit).
Step-by-step procedure
Before requesting an escrow account, try written communication: send a registered letter or formal email to the landlord requesting the refund. If discussion fails, start the official procedure by compiling evidence (contract, inventory reports, photos, receipts). You can propose conciliation via the departmental commission or bring the matter before the judicial court to request escrow of the deposit.[2]
- Gather documents (contract, inventory reports, receipts, photos) (document).
- Send a formal notice to the landlord (notice).
- Propose or request conciliation via the CDC (contact).
- If unsuccessful, file with the judicial court to request escrow (court).
Useful documents
- Tenancy agreement and attachments (document).
- Move-in and move-out inventories with timestamped photos (document).
- Proofs of payment of the deposit and rents (deposit).
FAQ
- What proofs should I provide to request an escrow account?
- Provide the contract, inventory reports, photos, payment receipts and any written correspondence with the landlord.
- Is the procedure free?
- Conciliation via the CDC is free; bringing the case to court may involve filing fees and possibly lawyer fees.
- How long does the procedure take?
- Times vary: conciliation can take a few weeks, a court procedure several months depending on complexity.
How to
- Collect all necessary documents and evidence (contract, inventory reports, receipts, photos) (document).
- Send a formal notice to the landlord by registered letter (notice).
- Request conciliation at the departmental conciliation commission if possible (contact).
- File with the judicial court to request escrow in the absence of agreement (court).
Key takeaways
- Document every step and keep timestamped copies of all evidence.
- Respect response times and applicable limitation periods.
- Conciliation can be a faster remedy before pursuing court action.
Help and support
- Service-public.fr - Information on security deposits (form)
- Legifrance - Law n°89-462 of July 6, 1989 (document)
- Service-public.fr - Departmental Conciliation Commission (contact)
