Landlord: Tenant Disputes Security Deposit Deductions, How to Justify Damages? (France)

You withheld €400 from the security deposit for a cracked sink and burn marks on the countertop. Your tenant has just sent you a certified letter: they dispute everything, demand full restitution within eight days, and threaten to take the matter to the conciliation commission. You have photos taken after their departure, a plumber's quote, and the conviction that you are in the right. But will that be enough if the case goes to court?

The answer is more nuanced than one might think. Many landlords discover too late that photos without a signed move-out inventory are almost worthless legally. Here is how to check whether your deductions hold up, and what to do to defend them without making the situation worse.

The 30-Second Answer

To justify a deduction from the security deposit in the event of a dispute, you must be able to produce three things:

A move-out inventory signed by the tenant (or carried out by a judicial officer) that specifically mentions the damages.
A move-in inventory proving that the property was in good condition at the start.
Itemized supporting documents: quotes or invoices that correspond exactly to the repairs of the damages noted.

Without a signed move-out inventory, deductions for damages are very difficult to justify, even with photos. If the move-out inventory matches the move-in inventory, you must return the deposit within one month. If it does not match, the deadline extends to two months, but only if the differences are documented.

Unsure about the strength of your case? Before sending your response to the tenant, have your lease and documents analyzed to verify whether your deductions are defensible.

Analyze my lease and supporting documents

What the Law Says

Article 22 of the law of July 6, 1989 strictly governs the return of the security deposit. The principle is simple: the landlord may deduct from the deposit any sums owed by the tenant, provided they are duly justified.

The official Service public page is clear on this point. To justify a deduction, the landlord must rely on:

the move-in and move-out inventories;
quotes or invoices for work;
photos;
a report by a judicial officer (formerly bailiff);
a letter of claim for unpaid rent that remained unanswered.

But beware: not all these documents carry the same weight. The cornerstone is the move-out inventory. It is what allows a comparison of the property's condition at move-in and move-out. Without this document signed by both parties, or without a judicial officer's report, you will have great difficulty proving that the damage is attributable to the tenant.

Photos alone are not enough. They can show a cracked sink, but not who cracked it or when. If the tenant disputes, the judge will rely primarily on the inventories.

Why This Can Be a Problem

The classic dispute scenario looks like this:

The tenant returns the keys on a Saturday morning, in a hurry, without a formal move-out inventory.
You discover the damages on Monday, take photos, and get a quote.
You withhold €600 from the security deposit.
The tenant disputes: "I never signed a move-out inventory; these damages didn't exist when I left."

In this case, your deduction is fragile. Without a contradictory move-out inventory, the property is presumed to have been returned in the same condition it was given. And if the move-in inventory was not done either, the presumption works even more against you: the property is deemed to have been given in good condition, but you cannot prove otherwise.

Another pitfall: withholding an amount without itemized documentation. A landlord who writes "€300 withheld for restoration" without a quote or invoice exposes themselves to almost automatic dispute. The tenant can demand restitution, and if they take the matter to court, you risk not only having to reimburse but also paying late penalties (10% of the monthly rent per month started, excluding charges).

Concrete Example: What Holds Up, What Doesn't

Case No. 1: The Solid Deduction

Signed move-in inventory: "walls in good condition, uniform paint, no holes."
Move-out inventory signed by the tenant: "three anchor holes in the living room wall, burn mark on the kitchen countertop."
Painter's invoice: €180 for filling and repainting.
Carpenter's invoice: €220 to replace the countertop.

You withhold €400. The tenant disputes. Your case is solid: the damages are noted contradictorily, the amounts are justified by invoices, and the difference between move-in and move-out is documented.

Case No. 2: The Fragile Deduction

No move-in inventory.
No signed move-out inventory: the tenant returned the keys in person without any document.
You take photos three days later showing a broken tile.
You withhold €150 based on a quote.

The tenant disputes. Your deduction is very difficult to defend. The photos do not prove that the tile was broken during the tenant's occupancy. Without a move-out inventory, you should have called a judicial officer to document the damages within a reasonable time after departure.

Exceptions to Know

Mobility lease: the security deposit is prohibited. If you collected a deposit on a mobility lease, you must return it in full, regardless of the property's condition. Any deduction would be illegal.

Property in co-ownership: you may keep a provision from the security deposit for charges, up to 20% of the deposit, until the annual accounts are finalized. But this provision cannot be used to cover unjustified damages.

Damages due to wear and tear: if the wear is normal (faded paint after ten years, worn carpet), it cannot be attributed to the tenant. Wear and tear is the landlord's responsibility. A deduction for wear and tear will be invalidated if disputed.

Furnished rental: the restitution rules are the same as for an unfurnished property, but the restitution deadline is one month if the move-out inventory matches, two months if it does not.

Checklist: Are Your Supporting Documents Sufficient?

Before responding to the tenant's dispute, check point by point:

Is the move-out inventory signed by the tenant (or carried out by a judicial officer)?
Are the damages specifically described in the move-out inventory?
Does the move-in inventory prove that these items were in good condition at the start?
Do you have a quote or invoice for each deduction, with an exact amount?
Do the deductions correspond only to damages, not wear and tear?
Have you respected the restitution deadline (one month if matching, two months if not)?
If the property is in co-ownership, does the provision for charges not exceed 20% of the deposit?

If you have checked all the boxes, your position is solid. If the signed move-out inventory is missing, your deduction is at risk, even if you have photos and invoices.

Possible Actions in Response to the Dispute

If your supporting documents are complete

Respond to the tenant in writing, preferably by certified mail with return receipt.
Attach a copy of the signed move-out inventory, the move-in inventory, and the invoices or quotes.
Explain precisely, line by line, what each deduction corresponds to.
Offer to settle the balance within two weeks if you have not yet returned everything.

If your supporting documents are incomplete

Do not dig in your heels. A dispute is not a declaration of war.
Honestly assess the strength of your case. If the move-out inventory is not signed, your chances of winning in court are low.
Consider negotiation: offer to return part of the deposit in exchange for a written agreement from the tenant.
If the dispute persists, contact the departmental conciliation commission or consult a legal professional.

Unsure about the next step? First have your lease and documents checked to know whether your deductions are truly defensible before engaging in a tug of war.

Verify my security deposit deductions

FAQ

Are photos enough to justify a deduction? No. Photos can support a case, but they do not replace a signed move-out inventory or a judicial officer's report. Without these documents, the tenant can dispute the attribution of the damages.

What if the tenant refused to sign the move-out inventory? You must call a judicial officer to establish a report. The costs are shared equally between landlord and tenant. Without this report, your deductions for damages will be very difficult to justify.

Can I withhold the security deposit for unpaid rent? Yes, provided you can justify the debt: receipts, statement, letter of claim that remained unanswered. The deduction for unpaid rent is subject to the same justification requirements as for damages.

The tenant disputes after signing the move-out inventory. What should I do? If the move-out inventory is signed and the damages are described in it, your position is solid. Respond calmly, attaching the supporting documents. If the tenant takes the matter to court, the judge will rely primarily on this document.

What is the deadline for returning the security deposit in case of a dispute? The legal deadline remains the same: one month if the move-out inventory matches, two months if it does not. The dispute does not suspend this deadline. If you exceed the deadline without returning the deposit, late penalties apply.

Sources

Service public – Security deposit in a residential lease

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 evolve 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.