You sign the lease, pay the security deposit, and forget about it for years. Then you hand back the keys and the question comes up: how much will you get back, and when? French law covers every step, from the amount to the refund. Here are the rules, and how to enforce them.
What the deposit is for
The security deposit (dépôt de garantie) is a sum you pay the landlord when you move in. It covers anything you might owe when you leave: unpaid rent, charges, repairs for damage you're responsible for. If you owe nothing, you get all of it back.
Don't confuse it with a guarantor (caution): a person (a relative) or a scheme (the Visale guarantee) that commits to paying in your place if you don't.
The maximum amount
The cap depends on the type of let, and is always calculated on the rent excluding charges:
- unfurnished: 1 month's rent excluding charges at most;
- furnished: 2 months' rent excluding charges at most;
- bail mobilité: no deposit at all can be asked for.
If rent is paid in advance by the quarter, no deposit can be required either. And the amount is fixed once and for all: the landlord can't raise it during the lease or when it's renewed.
Example: a furnished flat at €1,200 excluding charges, plus €80 of charges. The deposit is €2,400 at most (2 × €1,200), not €2,560: charges don't count.
To check the deposit you're asked, along with any agency fees, our calculator sets each amount against its cap, in seconds.
The bail mobilité has other specific rules, covered in our bail mobilité guide.
When and how you pay it
The deposit is paid when the lease is signed, usually by bank transfer or cheque. If you pay in cash, ask for a receipt. The amount must be written in the lease.
Never before: a landlord asking for a deposit, a "reservation" or a transfer to get a viewing or to "hold" the flat before anything is signed is one of the classic signs of a rental scam.
The deposit earns no interest for you: you get back what you paid, no more, even after several years.
If the amount is a strain on your budget, Action Logement's Avance Loca-Pass, an interest-free loan granted under conditions, can cover it.
The return deadlines
The clock starts when you hand back the keys, in person or by registered letter with acknowledgement of receipt:
- 1 month at most if the check-out report matches the check-in report;
- 2 months at most if it shows differences.
Give the landlord your new address, at the latest on the day you return the keys. Without it, they can't refund you, and the late-return penalty doesn't apply.
The penalty for late return
Once the deadline has passed, the amount still owed is increased by 10% of the monthly rent excluding charges for every month of delay started. This applies automatically by law: you don't have to prove any loss.
Example: rent of €1,200 excluding charges, keys returned on 1 March, check-out report matching. The landlord has until 1 April. If they refund you on 10 May, two months of delay have started: they owe you the deposit plus 2 × €120, so €240.
What the landlord can deduct
The landlord can take from the deposit what you genuinely owe:
- unpaid rent and charges;
- the annual adjustment of charges;
- repairs for damage you're responsible for.
Every deduction must be justified: a comparison of the two inspection reports, photos, quotes or invoices, unpaid rent notices. A flat sum with no supporting documents isn't enough.
What they can't deduct: normal wear and tear. Paint that has yellowed or a floor that has lost its shine after years of living there is not damage. Nor is a defect already listed in the check-in report.
It all comes down to the inspection
The comparison between the check-in and check-out reports decides almost everything: the deadline (1 or 2 months) as well as any deductions. A thorough check-in report with photos is your best protection. Our move-in inspection checklist covers what to check, room by room.
At check-out, photograph every room again on the day you return the keys. If a defect is blamed on you, you'll have something to compare against.
Flats in a shared-ownership building
If the flat is in a copropriété (a building with several owners sharing the common areas), the landlord may keep back up to 20% of the deposit until the building's annual accounts are approved, to know the exact amount of charges. The balance must be paid to you within one month of the accounts being approved.
With a €2,400 deposit, that's €480 at most. The rest follows the usual deadlines.
The deposit is not your last month's rent
It's tempting, and it's not allowed: you must pay rent and charges until the end of the lease, notice period included. You can't decide to skip the last month and count on the deposit instead. Unpaid rent remains a debt the landlord can claim from you.
If the flat changes hands
If the flat is sold during your lease, the new owner must return your deposit, even though you paid it to the previous one.
If the deposit doesn't come back
- Send a formal notice (mise en demeure) by registered letter with acknowledgement of receipt, citing the legal deadline and the 10% penalty.
- Refer the matter to the departmental conciliation commission (CDC), free of charge.
- As a last resort, the civil court (tribunal judiciaire) handles it.
With a solid check-in report and clear evidence, most disagreements are settled before reaching court.
Sources: service-public.fr, ANIL, French law no. 89-462 of 6 July 1989 (article 22).
