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As a renter in France, getting your security deposit back is an important step at the end of the lease. This guide explains in simple terms the legal deadlines, legitimate reasons for deductions, evidence to keep and the steps to dispute a deduction. It takes into account rules arising from the 1989 law[1] and recent amendments (ALUR, ELAN) to help you understand your rights and obligations with your landlord. The tone is accessible: no unnecessary jargon, only clear explanations to act quickly, prepare the inventory of fixtures and formalize requests for deposit return. If a dispute persists, pre-litigation and court options are presented practically.
Why the security deposit?
The security deposit covers possible unpaid rent or repairs beyond normal wear and tear. It is paid when signing the lease and is subject to the legal rules provided by law.
Document the condition of the property with dated photos to avoid disputes.
Return deadlines
The deadline depends on the move-out inventory: one month when the property is returned in accordance with the move-in inventory, up to two months when the landlord makes deductions justified by repairs or sums due[2].
- Within one month if there is no damage or unpaid rent.
- Up to two months if the landlord justifies and documents deductions.
Keep a copy of the move-in and move-out inventories to prove the condition of the property.
Possible deductions
The landlord may retain all or part of the deposit for justified and quantified reasons.
- Unpaid rent or charges.
- Repairs for damage exceeding normal wear and tear.
- Cleaning costs if the property is returned excessively dirty.
- Key replacement or restoration due to lost keys.
Deductions must be justified by estimates or invoices.
Disputing a deduction
If you dispute a deduction, follow these steps:
- Send a written request to the landlord by registered letter with acknowledgment of receipt detailing the contested items.
- Refer the matter to the departmental conciliation commission for mediation.
- If the agreement fails, bring the case before the tribunal judiciaire for a decision.
If possible, arrange an appointment for a joint move-out inspection before leaving the property.
FAQ
- What is the legal deadline for returning the security deposit?
- The landlord must return the deposit within one month if the move-out inventory matches the move-in inventory, or within a maximum of two months if deductions are justified by repairs or unpaid amounts.
- What deductions can the landlord make?
- Only amounts corresponding to unpaid rent or charges, or to quantified repairs for damage beyond normal wear and tear, may be deducted, upon presentation of estimates or invoices.
- What to do if the landlord does not return the deposit?
- Send a formal notice, refer the matter to the departmental conciliation commission, then to the tribunal judiciaire if necessary, providing the inventories and your evidence.
How to
- Check the move-in and move-out inventories and gather dated photos and evidence.
- Send the landlord a registered letter with AR requesting the deposit return and attach your evidence.
- Keep all exchanges, estimates and invoices related to works or repairs.
- Refer the issue to the departmental conciliation commission if the landlord's response is unsatisfactory.
- As a last resort, take action to the tribunal judiciaire with your complete file.
Key takeaways
- The usual deadline is one month, or two months if deductions apply.
- Any deduction must be justified by estimates or invoices.
- Keep evidence and inventories to protect your rights.
