Tenant deposit deductions in France

What can a landlord deduct?

A landlord may deduct from the security deposit only the amounts corresponding to repairs for damage beyond normal wear and tear. Law No. 89-462 of July 6, 1989 regulates these rules and specifies the obligations of both parties.^[1] In practice, this often concerns costs to remedy tenant-caused damage or a failure of maintenance attributable to the tenant.

• Replacement or repair of broken or damaged items (door, window, sanitary fittings).
• Restoration work due to negligent maintenance (plumbing, electricity, damaged paint).
• Exceptional cleaning if the property was returned much dirtier than at move-in.
• Costs supported by estimates or invoices provided by the landlord to justify the amount deducted.

Evidence and useful documents

The key to contesting a deduction is evidence: the move-in and move-out inventory, dated photos, estimates and invoices. Keep all documents and build a file from the start of the tenancy.^[2]

• Contradictory inventory signed by both parties.
• Dated photos showing the condition at move-in and move-out.
• Estimates or invoices detailed by the landlord to justify the withheld amount.

What to do if you dispute a deduction?

Start by asking the landlord for written supporting documents and invoices. If the response is unsatisfactory, propose an amicable conciliation. The departmental conciliation commission (CDC) can be seized free of charge before any judicial action.^[3]

If conciliation fails, you can bring the case to the judicial court to request the return of the deposit balance or the cancellation of an unjustified deduction. Pay attention to deadlines: the landlord must return the deposit within the time fixed by law, unless a justified deduction applies.

FAQ

What is the difference between normal wear and tear and damage?

Normal wear and tear refers to deterioration from regular use (slightly faded paint, floors with signs of use), while damage results from an act or an abnormal lack of maintenance attributable to the tenant.

Can the landlord withhold the entire deposit without justification?

No. The landlord must justify each deduction with estimates or invoices and cannot keep amounts exceeding the real cost of repairs.

What are the deadlines to get my deposit back?

The legal deadline for return varies depending on the case; refer to your contract and applicable regulation to know the precise deadline.

How to

1. Gather all documents: inventories, photos, estimates and written exchanges.
2. Request the landlord's supporting documents in writing (letter or registered email).
3. Respect legal deadlines to contest and keep proof of sending.
4. Contact the departmental conciliation commission or, as a last resort, the judicial court.

Key takeaways

• Keep the inventory and dated photos to prove the condition of the property.
• Always ask for detailed estimates or invoices for any deduction.

Help and Support

• [1] Service-public.fr - Deposit and restitution
• [2] Service-public.fr - Inventory and move-in/move-out reports
• [3] Legifrance - Law No. 89-462 of July 6, 1989

1. [1] Legifrance - Law No. 89-462 of July 6, 1989
2. [2] Service-public.fr - Deposit and restitution
3. [3] Service-public.fr - Inventory and move-in/move-out reports