Security deposit in shared rentals - tenants France
In shared rentals, dividing the security deposit often raises questions for tenants in France. This guide clearly explains how the deposit is held, which shares can be withheld for repairs, and how to use the inventory of fixtures and receipts to support your case. You will find practical steps to request a refund, contact the departmental conciliation commission[1] and prepare a file for the judicial court if necessary. The text simplifies solidarity and liability between roommates, outlines legal deadlines and specifies the documents to gather to avoid disputes and protect your tenant rights.
Calculation and distribution
The 1989 law regulates the return of the deposit and possible deductions in case of damage or unpaid rent. For the legal basis, refer to Law No. 89-462 of July 6, 1989 and the articles relating to the rental contract[2]. In practice, the landlord must justify each deduction with estimates, invoices or evidence, and allocate charges among roommates according to the lease terms or the provided solidarity clause.
- Amount of possible deductions (deposit): deductions for justified repairs and not for normal wear and tear.
- Evidence to provide (evidence): inventories, dated photos, estimates and invoices.
- Deadlines and formalities (notice): the landlord has a reasonable time after the exit inventory to claim amounts.
Keep dated photos at move-in and move-out.
Inventory of fixtures and evidence
The inventory of fixtures is the key element to dispute a deduction. If there are several roommates, keep a copy signed by all and keep rent receipts and written exchanges with the landlord.
Respond to formal notices within the deadlines to avoid losing your rights.
FAQ
- Who pays if damage is found after a roommate leaves?
- Responsibility depends on the lease and solidarity between roommates; the deduction may be divided among all if solidarity is provided.
- What is the deadline to obtain the refund of the deposit?
- The deadline depends on the type of lease and possible deductions; common practice requires a reasonable time after the exit inventory.
- What to do if the landlord refuses to return your share?
- Gather evidence and contact the departmental conciliation commission or refer the case to the judicial court if necessary.
How to
- Formally request the refund from the landlord indicating the amount and your share (file).
- Gather evidence (evidence): inventory, photos, receipts and written exchanges.
- Contact the departmental conciliation commission for amicable mediation (contact).
- Refer the case to the judicial court if conciliation fails and the amount justifies legal action (court).
Key takeaways
- The deposit can only be withheld for justified and proven repairs.
- Keep the inventory and receipts to defend your rights.
- Respect deadlines to act and dispute deductions.
