Security Deposit Release for Tenants in France
As a tenant in France, recovering your security deposit after the end of a lease is an essential step but can sometimes be a source of concern. This guide simply explains when a guarantor can request the release of the deposit, which documents to provide and what timelines apply to the return of the deposit. We detail the steps to follow, possible remedies in case of a dispute with the landlord, and useful letter templates. The information is based on French legislation and court practices to help you prepare a strong file and limit delays. You will also find practical advice on the inventory of fixtures, keeping evidence and clear communication with the landlord.
When to request the release of the deposit?
The release of the deposit can be requested when the creditor (often the guarantor or the landlord) acknowledges that the obligation securing the guarantee has ended or must be lifted, for example after the tenant leaves and the inventory of fixtures is completed. The request must be supported by specific elements (inventory of fixtures, invoices, written exchanges). [1]
Return timelines
In practice, the security deposit is returned to the tenant within a maximum legal period that depends on the inventory of fixtures: one month if the exit inventory matches the entry inventory, or two months in case of justified deductions. These deadlines run from the return of the keys and the exit inventory. [2]
Respond promptly to notifications to avoid additional delays.
Documents and evidence to gather
- Signed entry and exit inventories by both parties.
- Date-stamped photos showing the condition of the accommodation at departure.
- Invoices or quotes justifying any retained repair costs.
- Bank statements or rent receipts proving payments.
Keep receipts and photos for at least two years.
Steps to obtain the release
- Contact the landlord first to request the release and refund of the deposit, specifying attached documents.
- Send a registered letter with acknowledgment of receipt if an amicable agreement is not reached.
- Keep written records of all communications (messages, emails, acknowledgments).
Using a registered letter with acknowledgment of receipt makes proof of sending easier and protects your rights in case of dispute.
Remedies in case of dispute
- Departmental Conciliation Commission (CDC): a free mediation attempt between tenant and landlord.
- If conciliation fails, bring the case to the judicial court for a decision on the deposit refund.
- Keep all evidence and, if possible, seek help from a tenant association to prepare the file.
FAQ
- What is the release of the deposit?
- The release of the deposit is the lifting of the guarantee obligation either because the reason for the guarantee has disappeared or because the guarantor or landlord agrees to release the amount.
- What are the timelines to recover the deposit?
- The legal deadline is one month if the exit inventory matches the entry inventory; otherwise the landlord has two months to justify and make deductions.
- What if the landlord does not return the deposit?
- Send a registered letter, contact the CDC to attempt conciliation, then the judicial court if necessary.
How to
- Immediately check the exit inventory and note any differences from the entry inventory.
- Gather evidence and documents: photos, invoices and receipts.
- Send a formal refund request by registered letter with acknowledgment of receipt attaching your documents.
- If there is no response, contact the CDC then, if needed, the judicial court to obtain a decision.
Key takeaways
- Return deadlines are one month or two months depending on the inventory of fixtures.
- Collect photos, invoices and signed inventories to support your claim.
- The CDC offers a free step before going to the judicial court.
Help and resources
- Service-public page on security deposit and return
- Legifrance text of Law n° 89-462 of 6 July 1989
- Information on the judicial court (Justice.fr)
