Recourse against a disproportionate security deposit in France
If your landlord or lessor demands a security deposit or a guarantor that is manifestly excessive, you have remedies as a tenant in France. This article explains in plain language how to identify a disproportionate security deposit, what evidence to collect (contract, written exchanges, rent comparisons), and the possible steps: negotiation, referral to the departmental conciliation commission or the judicial court. We outline the deadlines to respect, the useful documents and practical tips to prepare a solid file. The rules stem from the 1989 law and case law; you will also find links to official resources to complete your steps.
What does a disproportionate security deposit mean?
A security deposit is disproportionate when the requested sum or the guarantees required appear manifestly higher than what is reasonable in relation to the rent and local practice. The assessment depends on the case file and local market practice.[1]
The existence of an overly high deposit is judged case by case based on the lease and the local market.
Evidence to gather
Before taking action, gather elements that show the excessive nature of the deposit.
- Contract document (rent amount and clause about the deposit).
- Copies of written exchanges (emails, messages) with the landlord or agency.
- Photos and receipts proving the condition of the dwelling if relevant.
- Comparison of local rents or listings to show market level.
Keep all receipts and copies of registered letters related to the deposit.
Possible steps
Start with an amicable attempt: written request and justification of the amount. If negotiation fails, refer to the departmental conciliation commission, then to the judicial court as a last resort.
- Propose written negotiation to the landlord and request a calculation justification of the deposit.
- Refer to the departmental conciliation commission (CDC) to attempt a friendly agreement.
- If agreement fails, bring the case before the judicial court to contest the clause or amount.
Respond to official letters within deadlines to avoid losing your rights.
Deadlines and procedures
Deadlines vary: conciliation is often faster, while judicial proceedings can take several months. Gather your evidence and respect limitation and procedure deadlines.[1][2]
A clear and documented request increases your chances in conciliation or before the judge.
FAQ
- What is a disproportionate security deposit?
- It is when the amount or guarantees required are manifestly excessive compared with the rent and local practices.
- Can I refuse to pay the requested deposit?
- Refusing may lead to refusal of the rental; it is better to negotiate, request written explanations and, if needed, refer to the CDC or the court.
- Which official services can help me?
- The departmental conciliation commission and the official pages on service-public.fr and legifrance.gouv.fr provide information and templates.
How to
- Gather documents: contract, ID, written exchanges and photos.
- Contact the landlord in writing and request justification of the amount or guarantees.
- Refer to the departmental conciliation commission supplying your file and evidence.
- If no agreement, bring the case before the judicial court with the assistance of a lawyer or legal aid.
Help and resources
- Service-public - Security deposit: tenant rights
- Service-public - Departmental conciliation commission
- Legifrance - Law n°89-462 of 6 July 1989
