Security deposit interest tenants France

As a tenant in France, you may sometimes be entitled to interest on the security deposit if the lease provides for it or if the landlord retains the deposit beyond the legal deadline. This guide clearly explains when interest may be owed, how to calculate it, what supporting documents to gather (receipts, inventory of fixtures, written exchanges) and what steps to take to claim it from the landlord, the departmental conciliation commission or the judicial court. We also indicate the deadlines to respect and practical advice to build a solid dossier if you need to bring the matter before the courts.^[1] Official templates for inventories and information are available online.^[2]

What do the law and your rights say?

The law of July 6, 1989 and the Civil Code frame the return of the security deposit and the terms of residential leases. As a general rule, the deposit is not remunerated unless the lease or a local provision provides otherwise. If the landlord wrongfully retains the deposit beyond the legal deadline for return, interest may be claimed as compensation for the prejudice or under a contractual clause.^[1]

When are interest payments due and how to calculate them?

Interest may arise from a contractual clause but also from a judicial decision finding a wrongful delay in restitution. The calculation depends on the rate provided in the contract or, failing that, on a legal rate set by the judge. To estimate, multiply the deposit amount by the number of days of delay then apply the annual rate divided by 365. Keep proof of the departure date and key handover to establish the duration of the delay.

What to do to claim your interest?

• Send the landlord a written and motivated request, by registered letter with acknowledgment of receipt if possible.
• Gather evidence: contract, inventory of fixtures at entry and exit, receipts and written exchanges.
• Present a clear calculation of the interest claimed (amount, rate, period) in your letter.
• If agreement fails, refer to the departmental conciliation commission and, as a last resort, the judicial court.

FAQ

Can a landlord demand interest on the deposit I gave him?

The landlord cannot unilaterally decide to apply an interest rate to the deposit beyond what is provided in the contract or by law; any clause must be clear and comply with applicable law.

If I leave, how long does the landlord have to return the deposit and pay any interest?

The landlord has a maximum period to return the deposit after the exit inventory; if this period is exceeded without reason, interest may be due depending on circumstances and applicable texts.

What to do if the landlord refuses to return the deposit or pay interest?

Start with a written claim, then request the departmental conciliation commission; if necessary, bring the case before the judicial court with evidence of your claim.

How to

1. Check the lease and the inventory to confirm amounts and dates.
2. Draft a formal request stating the interest calculation and send it by registered mail with acknowledgment.
3. Contact the departmental conciliation commission to attempt an amicable resolution.
4. Bring the case before the judicial court if conciliation fails, attaching all evidence and the detail of the prejudice.

Key points

• The security deposit is not automatically paid interest; it depends on the lease or a decision.
• Keeping inventories and written exchanges is essential to prove a delay in return.
• Prefer conciliation before engaging judicial proceedings.

Help and Support / Resources

• [1] Service-public.fr - Deposit and restitution
• [2] Legifrance.gouv.fr - Legal texts
• [3] Service-public.fr - Departmental conciliation commission

1. [1] Legifrance.gouv.fr
2. [2] Service-public.fr
3. [3] Service-public.fr