You returned the keys — dropped them in the agency's mailbox, handed them to a neighbor, or simply because the landlord never showed up for the appointment — and no move-out inspection was conducted. A few weeks later, silence about your security deposit, or worse: the landlord replies that they "can't return anything without a move-out inspection." Good news right away: it's the opposite of what the law says.
The 30-Second Answer
In the absence of a move-out inspection, the dwelling is presumed to have been returned in good condition. The landlord therefore cannot withhold any amount from the security deposit for damages, since there is no document to prove them. It is the landlord's responsibility to arrange for a move-out inspection, even if the tenant is absent (by summoning a judicial officer if necessary): it is never the tenant's fault that they "lose" their security deposit simply because this document was not completed.
Your landlord is withholding your security deposit without justification? Upload your lease on bail.immo to verify your exact rights and generate a formal demand letter.
What the Law Says
The move-out inspection is used to compare the condition of the dwelling at departure with that noted at entry (article 3-2 of the loi du 6 juillet 1989): it is this document, and only this document, that allows the landlord to justify a deduction from the security deposit for tenant-caused damages. In its absence, case law is consistent: the dwelling is deemed returned in the condition it was received, and the landlord cannot prove any damage attributable to the tenant. Therefore, no deduction can be applied on that basis.
If the landlord (or their agency) does not show up for the scheduled appointment, or refuses to arrange a move-out inspection, they have a legal remedy: to call on a judicial officer (formerly a bailiff) to establish the document unilaterally. This professional must then summon both parties by registered letter at least seven days in advance; even if the tenant or landlord is absent that day, the report they draw up is binding on both parties. The costs of this intervention are shared equally between landlord and tenant — but it is a step that only the landlord can initiate if they wish to be able to withhold anything.
The legal deadlines for restitution remain applicable even without a move-out inspection: one month from the return of the keys when the move-out inspection matches the entry inspection (or, in the absence of an inspection, one month from the actual return of the keys), and a maximum of two months in the case of duly justified damages. After this period, the unrestituted security deposit is increased by a penalty of 10% of the monthly rent excluding charges for each month of delay begun.
Why This Can Be a Problem
Some landlords, often in good faith, sincerely believe that a move-out inspection is a mandatory prerequisite for any restitution — "no document, no refund." It's the opposite: the absence of this document works in favor of the tenant, not against them. Others, conversely, try to take advantage of the situation to withhold a sum "as a precaution," betting that the tenant doesn't know their rights or won't go to litigation for a few hundred euros.
On the tenant's side, the real risk is not being able to prove anything either if the dispute escalates: without an entry inspection available for comparison, without photos, without a witness to the key return, the discussion becomes a matter of one person's word against another's. The presumption of good condition does not exempt you from gathering evidence.
Concrete Example
A tenant leaves their dwelling on a Sunday, the day agreed with the agency for the move-out inspection. No one shows up. They drop the keys in the agency's mailbox with a dated note and send an email the same day to confirm the return. Three weeks later, the agency replies that they are withholding €400 "for cleaning," without ever having seen the dwelling after the tenant left. In the absence of a move-out inspection established jointly (or by a judicial officer), this deduction has no legal basis: the tenant can claim the full security deposit, plus late penalties if the one-month deadline has passed.
Exceptions
If the tenant themselves refuses or systematically prevents the holding of a move-out inspection despite several regular summons from the landlord (registered letter with acknowledgment of receipt, reasonable time slots offered), and the landlord has had this situation noted by a judicial officer, the presumption of good condition can be challenged before a judge based on that officer's report. Similarly, an entry inspection that is itself absent or very summary limits what can be compared and makes it difficult to assert in either direction.
Checklist
- Gather any evidence of the date and conditions of the key return (email, SMS, acknowledgment of receipt, witness).
- Check whether a move-out inspection was signed jointly or established by a judicial officer — in the absence of both, no deduction for damages is justifiable.
- Send a written formal demand letter claiming the full restitution of the security deposit, reminding them of the absence of a move-out inspection.
- If the legal deadline (1 or 2 months) has passed, also claim the 10% penalty per month of delay.
What You Can Do
Start with a registered letter with acknowledgment of receipt to the landlord, reminding them of the date of the key return, the absence of a move-out inspection, and requesting the full restitution of the security deposit within a reasonable time. If the landlord does not respond or refuses, you can free of charge refer the matter to the departmental conciliation commission, and then, as a last resort, to the judicial court (or the proximity court for small amounts) to obtain restitution and late penalties. Before sending your formal demand letter, check the clauses of your lease on bail.immo to ensure that no clause provides for a specific mechanism on this point.
FAQ
Can the landlord require a new move-out inspection after the fact? No, a move-out inspection must be established at the time of the key return; a document drafted unilaterally well after the departure does not have the same evidentiary value.
Can I get my security deposit back without any move-out document? Yes: the absence of a document never blocks restitution; it only prevents the landlord from justifying a deduction for damages.
Can the landlord withhold an amount for unpaid charges despite the absence of a move-out inspection? Yes, a deduction for charges or rent actually owed remains possible and has nothing to do with the move-out inspection: it must simply be justified by its own documents (receipts, charge breakdown).
Sources
- ANIL — How to carry out the move-out inspection
- ANIL — Restitution of the security deposit: what are the deadlines?
- Service-Public.fr — Security deposit in a residential lease
- Service-Public.fr — Judicial officer (formerly bailiff)
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.