Security deposit deductions for tenants in France
At the end of a lease, a landlord may withhold all or part of the security deposit to cover damage caused by the tenant. This article clearly explains what the landlord can legally deduct, what evidence to gather, the deadlines to respect in France and the steps to contest a deduction you consider unfair. You will learn how to distinguish normal wear from repairable damage, how to prepare an inventory of fixtures, which documents to produce (photos, quotes, invoices) and when to contact the departmental conciliation commission or the judicial court. The tone is practical and aimed at the non-expert tenant so you can act calmly and protect your rights.
What can the landlord deduct?
The landlord can only deduct amounts corresponding to repairs caused by the tenant beyond normal wear; the law regulates these deductions and requires justification with quotes or invoices and, ideally, a joint inventory of fixtures [1].
- Repairs for tenant-caused damage (repair) supported by quotes or invoices.
- Partial use of the deposit (deposit) for professional cleaning if the inventory supports it.
- Replacement of missing or broken items with supporting evidence (evidence) and receipts.
Deadlines and return
The security deposit must be returned according to statutory deadlines: one month if the exit inventory matches the entry inventory, two months otherwise. The landlord must provide the calculation of amounts withheld and the relevant justifications [2].
- Return within 60 days (within 60 days) if there are discrepancies on the inventory.
- Return within 30 days (within 30 days) if the exit inventory is consistent with the entry inventory.
How to contest a deduction
If you contest a deduction, immediately request written justifications (quotes, invoices), send a formal notice and attempt an amicable resolution. If the landlord does not respond or the dispute continues, contact the departmental conciliation commission and, as a last resort, the judicial court.
- Contact the landlord to request justifications and propose an amicable solution.
- Send a registered letter with acknowledgment of receipt and keep proof of sending.
- Refer the matter to the departmental conciliation commission (CDC) or the judicial court if agreement fails.
FAQ
- What can the landlord deduct from the security deposit?
- Only amounts corresponding to damage beyond normal wear may be withheld; they must be justified by quotes or invoices and, ideally, a joint inventory of fixtures.
- What evidence should I ask from the landlord?
- Ask for detailed quotes and invoices, before/after photos, and the breakdown of amounts withheld. Keep your own evidence (photos, written exchanges).
- How long to get my deposit back?
- The statutory return period varies: generally 1 month if the exit inventory is consistent, 2 months if possible deductions exist; the landlord must justify any deduction.
How to (step-by-step)
- Gather dated photos, quotes and invoices (evidence) to build your file.
- Send a registered letter with acknowledgment of receipt to the landlord requesting the justifications and a detailed account.
- If amicable negotiations fail, contact the departmental conciliation commission then the judicial court.
Key points
- Do not accept deductions without supporting documents: require quotes and invoices.
- Photograph and date the condition of the accommodation to prove the exit state.
- Respect legal deadlines to act and contest a deduction.
Help and support
- Loi n°89-462 du 6 juillet 1989 - Legifrance
- Inventory of fixtures and security deposit - Service-public.fr
