Security Deposit Refund — Tenants in France
What does the law say?
The refund of the security deposit is governed by the July 6, 1989 law that applies to residential leases in France[1]. The landlord may only withhold amounts justified by damage or unpaid rent, and must provide proof for any deduction.
Deadlines and amounts
The legal deadline depends on the rental type: for an unfurnished property, the maximum period is generally one month if no deduction is made; for a furnished property, it can reach two months in case of deductions. If the deadline is exceeded, the tenant can claim interest.
- Unfurnished: refund within 1 month if no deduction applies.
- Furnished: refund may take up to 2 months when deductions occur.
- Deductions: only amounts supported by invoices or estimates may be withheld.
Main reasons for deductions
- Repair work caused by damage beyond normal wear and tear.
- Unpaid rent or charges remaining at the end of the lease.
- Costs related to missing entry inventory when the tenant is held responsible.
How to dispute a deduction
If you believe a deduction is abusive, start by sending a registered letter with acknowledgment of receipt to the landlord requesting the breakdown of withheld amounts and supporting documents. If the response is unsatisfactory, propose conciliation via the local conciliation commission or bring the case before the civil court.
Practical actions and evidence
Before leaving, perform a precise exit inventory and take dated photos. Keep proof of deposit and rent payments. Send letters by registered mail with acknowledgment of receipt to keep an official trace.
- Inventory: keep a signed copy and dated photos.
- Letters: use registered mail with acknowledgment for official requests.
- Conciliation: contact the local conciliation commission if needed.
FAQ
- What are the deadlines for the security deposit refund?
- For an unfurnished property, the deadline is generally one month if no reason is retained; for a furnished property, it can be up to two months when deductions apply.
- Can the landlord deduct normal wear and tear?
- No, normal wear and tear is not a valid reason for withholding; only damages beyond normal wear and tear may be deducted.
- What if the landlord does not respond?
- Send a formal notice by registered mail, attempt conciliation or bring the case before the civil court to obtain the refund.
How to
- Prepare the entry and exit inventory, keep photos and invoices.
- Send a registered letter requesting the refund and supporting documents for any deduction.
- Wait for the legal deadline (1 month or 2 months depending on the case) before taking further action.
- If necessary, contact the conciliation commission then the civil court.
Key points
- Always keep dated proof of the property's condition.
- Send your requests by registered mail to build a solid file.
- Know your deadlines and use conciliation before litigation.
