You've just handed back the keys to your rental. The truck is unloaded, the move-out inspection report is signed, and only one question remains: when will you get your security deposit back?
This is often when things get complicated. The landlord announces they're going to withhold part of the amount for "repairs." Or they stop responding. Or they cite charges to be reconciled without providing any supporting documents.
This guide explains precisely what French law says: repayment deadlines, permitted deductions, the documents the landlord must provide, and your options if nothing comes through. You'll know exactly what to check, what to demand, and how to act without being pushed around.
The 30-Second Answer
The security deposit must be returned within 1 month of handing back the keys if the move-out inspection report matches the move-in report, and within 2 months if there are differences. This deadline starts from the date the keys are handed over in person or from the first presentation of the registered letter with acknowledgment of receipt.
The landlord can only withhold amounts that are justified: unpaid rent or charges, or damage noted by comparing the inspection reports. Each deduction must be supported by a quote, an invoice, or an equivalent document. In a condominium, the landlord may retain a maximum provision of 20% of the security deposit pending the annual statement of charges.
If the deadline is not met, the tenant is entitled to late penalties calculated on the basis of the monthly rent excluding charges. And if the landlord does not justify their deductions, you can contest them, first by registered letter, then before the juge des contentieux de la protection.
Unsure about a deduction or a clause in your lease? Start by reviewing your contract with fresh eyes: analyze your lease in minutes on bail.immo.
What the Law Says
The security deposit is governed by Law No. 89-462 of July 6, 1989. Its amount, payment conditions, and repayment are subject to precise rules that vary depending on whether the property is rented unfurnished or furnished.
Amount and Payment
For an unfurnished rental, the security deposit cannot exceed one month's rent excluding charges. It is paid at the signing of the lease. If the rent is payable in advance every two months, the deposit remains limited to one month's rent excluding charges. However, if the rent is payable in advance quarterly, the security deposit is prohibited.
The landlord cannot increase the amount of the deposit during the lease, nor at renewal. Any contrary clause is null and void.
What Is the Security Deposit For?
The security deposit covers the tenant's failures to meet their obligations: lack of maintenance of the property, tenant repairs not carried out, unpaid rent or charges. It is not a reserve the landlord can dip into freely.
At the end of the lease, the landlord may deduct from the deposit amounts corresponding to these failures, provided they can justify them. The required supporting documents include:
- the move-in and move-out inspection reports;
- photos or a report by a commissaire de justice;
- invoices or quotes for work;
- a letter demanding unpaid rent that went unanswered.
Without these documents, the deduction is not valid.
Repayment Deadlines
The repayment deadline depends on the comparison between the move-in and move-out inspection reports:
- 1 month if the move-out report matches the move-in report;
- 2 months if the move-out report reveals differences.
The deadline starts from the handover of the keys, either in person or by registered letter with acknowledgment of receipt. If you send the keys by regular mail, the deadline does not run reliably: always use registered mail.
Provision for Charges in a Condominium
If the property is in a condominium, the landlord may retain a provision from the security deposit pending the annual statement of charges. This provision cannot exceed 20% of the security deposit amount. It must be justified by documents.
Within one month following the final approval of the building's accounts, the landlord must make the final adjustment and return the balance. The tenant and landlord may also agree to settle all accounts immediately without waiting for this approval.
Late Penalties
If the landlord does not return the security deposit within the deadlines, the tenant is entitled to penalties. Their amount is calculated on the basis of the monthly rent excluding charges, for each month of delay started. These penalties are added to the security deposit itself.
This rule is provided for by the law of July 6, 1989. It applies automatically, without the need for a clause in the lease.
Why This Can Be a Problem
In practice, the return of the security deposit is one of the main points of friction at the end of a lease. The reasons are simple: the landlord holds the money, and the tenant has already left. The balance of power is unequal.
Here are the most common situations:
- The landlord withholds an amount without justification. They announce "restoration costs" but provide no invoice, no quote, and no comparison of the inspection reports. This is illegal.
- The landlord confuses normal wear and tear with damage. Slightly faded paint after three years of occupancy is wear and tear, not damage attributable to the tenant. Wear and tear cannot be deducted from the security deposit.
- The landlord cites charges without reconciliation. They withhold an amount "for charges" but provide no breakdown. In a condominium, the provision is capped at 20% of the deposit, and the balance must be returned after the accounts are approved.
- The landlord stops responding. After the one- or two-month deadline, some landlords count on weariness and forgetfulness. This is precisely why late penalties exist.
Let's take a concrete example. You leave an unfurnished apartment on August 31. The move-out inspection report matches the move-in report. The landlord has until September 30 to return the full deposit. On October 15, you still haven't received anything. You send a formal notice by registered letter. If they don't respond, you can take the matter to the juge des contentieux de la protection. You will claim the deposit, plus late penalties calculated from October 1.
Another example: the landlord tells you they're withholding €400 for "full cleaning of the property." But the move-out report simply mentions "cleaning to be completed in the kitchen." Without an invoice or quote, this deduction is not justified. You contest it by registered letter, demanding the return of the amount within eight days.
Exceptions to Know
Not all rentals are treated the same. Here are the main exceptions:
- Bail mobilité: the security deposit is prohibited for a bail mobilité. If the landlord asked you for one, the clause is illegal and you can demand its return. See our dedicated article: Bail mobilité: is the security deposit really prohibited?.
- Furnished rental: the rules on amount and repayment are similar to those for unfurnished rentals, but the security deposit can be up to two months' rent excluding charges for a furnished lease. The repayment deadlines remain one or two months depending on the conformity of the inspection reports.
- Social housing: specific rules may apply, particularly regarding recoverable charges. The list of charges can be supplemented by a collective agreement.
- Shared accommodation: in the case of a single lease with a solidarity clause, the security deposit is returned in the name of all co-tenants. The rules for distribution among co-tenants are a matter of their internal agreement, not the law.
Checklist: Good Habits Before Handing Back the Keys
Here is a list of concrete actions to take before, during, and after handing back the keys:
- Review the move-in inspection report and compare it point by point with the current condition of the property.
- Repair or clean anything that falls under routine maintenance (seals, filters, light marks).
- Take dated photos of each room before the move-out inspection.
- Attend the move-out inspection and refuse to sign an incomplete or inaccurate document.
- Hand over the keys in person against a signature, or send them by registered mail with acknowledgment of receipt.
- Provide your new address and bank details (RIB) to the landlord on the day you hand back the keys.
- Note the date of the key handover: it is the starting point for the repayment deadline.
- If the landlord announces a deduction, immediately demand the supporting documents (invoices, quotes, comparison of inspection reports).
- If the one- or two-month deadline is exceeded, send a formal notice by registered letter.
- Keep a copy of all correspondence with the landlord.
Possible Actions in Case of a Dispute
If the security deposit is not returned within the deadlines, or if the deductions are not justified, you have several options:
- Formal notice. Send a registered letter with acknowledgment of receipt to the landlord. Remind them of the date of the key handover, the applicable deadline, the amount claimed, and the late penalties incurred. Set a repayment deadline of eight to fifteen days. The ANIL offers letter templates, including for requesting the return of the security deposit.
- The departmental conciliation commission. Before any legal action, you can contact the departmental conciliation commission free of charge. It can help reach an amicable agreement.
- The juge des contentieux de la protection. If conciliation fails or the landlord does not respond, you can take the matter to the juge des contentieux de la protection of the court with jurisdiction over the property. You will claim the security deposit, late penalties, and possibly damages.
- Preserving evidence. Keep all documents: inspection reports, photos, letters, invoices, bank statements. They will be essential before the judge.
Unsure about the validity of a deduction or a clause in your lease? Upload your lease on bail.immo to check the sensitive points.
FAQ
What is the deadline for returning the security deposit? One month if the move-out inspection report matches the move-in report, two months if there are differences. The deadline starts from the handover of the keys in person or from the first presentation of the registered letter.
Can the landlord withhold the security deposit for work? Yes, but only if the work corresponds to damage attributable to the tenant, noted by comparing the inspection reports, and justified by invoices or quotes. Normal wear and tear cannot be withheld.
What to do if the landlord does not return the deposit within the deadlines? Send a formal notice by registered letter. If the landlord does not respond, contact the departmental conciliation commission or the juge des contentieux de la protection. Late penalties are due.
Can the landlord retain a provision for charges? In a condominium, yes, up to 20% of the security deposit, until the annual statement of accounts. The balance must be returned within one month following the final approval of the accounts.
Is the security deposit allowed for a bail mobilité? No. The security deposit is prohibited for a bail mobilité. Any clause to that effect is illegal.
Who must return the security deposit if the property has been sold? The new owner. In the event of a change of property management agency during the lease, the new agency must return the deposit.
Sources
- Préavis et formalités du congé donné par le locataire (bail d’habitation)
- Rédaction du bail d'habitation (contrat de location)
- Logement
- Dépôt de garantie dans un bail d’habitation – Service-Public.fr
- Loi n° 89-462 du 6 juillet 1989 tendant à améliorer les rapports locatifs – Légifrance
- État des lieux d’entrée dans un bail d’habitation – Service-Public.fr
- Charges à payer par le locataire – Service-Public.fr
- Modèles de courriers – ANIL
- Bail location vide : montant et durée du contrat – ANIL
Legal Information
The information presented on this page is provided for informational purposes and is based on the texts and sources available at the time of its publication or last update. Legislation, regulations, and case law may change at any time. The results and explanations offered by bail.immo do not constitute legal advice and do not replace the opinion of a lawyer or another competent legal professional.