French rental deposit: amount, return deadline, penalty

How much can the landlord ask for?

Article 22 specifies that no deposit may be required “when the rent is payable in advance for a period of more than two months”, unless the tenant asks to pay monthly. The amount must be stated in the lease and cannot be increased during the lease or on renewal; it earns no interest for the tenant (art. 22).

The deposit is paid when the lease is signed. If paid in cash, the tenant is entitled to a receipt. On signature, the landlord may only collect the rent, the deposit and the permitted agency fees: demanding any other sum is prohibited, even if a clause provides for it (service-public.gouv.fr). A tenant on a modest income can apply for the avance Loca-Pass (deposit advance) from Action Logement or the fonds de solidarité pour le logement (FSL, housing solidarity fund).

Return deadline: 1 month or 2 months

The deadline runs from the day the tenant returns the keys, by hand or by registered letter with acknowledgement of receipt (service-public.gouv.fr):

• 1 month if the check-out inventory matches the check-in one;
• 2 months if it does not, after deduction of justified sums (art. 22).

When returning the keys, the tenant gives their new address. A landlord who sold the property during the lease is no longer liable: the new owner returns the deposit; if the letting agency changes, the new agency does (service-public.gouv.fr).

Copropriété (jointly owned building). The landlord may keep a justified provision of no more than 20% of the deposit until the building’s annual accounts are closed; the adjustment and the balance are paid within the month following final approval of the accounts. The parties may agree to settle everything immediately (art. 22).

What deductions are allowed?

The landlord can withhold sums still owed: unpaid rent or charges, tenant repairs not carried out, damage. They must justify them: check-in and check-out inventories, photos, a report by a commissaire de justice (bailiff), quotes or invoices, an unanswered letter claiming arrears (service-public.gouv.fr).

On the other hand, differences due to vétusté (normal wear and tear) cannot lead to a deduction; a wear and tear schedule agreed when the lease is signed helps settle disputes (service-public.gouv.fr, check-out inventory). If the check-in inventory was not carried out because the landlord refused despite formal notice, it is up to the landlord to prove that they handed over the property in good condition; if there is no check-out inventory because the landlord failed to attend the appointment with the commissaire de justice, the tenant is deemed to have returned the property in good condition.

The 10% penalty per month of delay

If the deposit is not returned on time, the amount still owed is increased by a sum equal to 10% of the monthly rent proper for each monthly period of delay begun (art. 22). The penalty does not apply if the delay arises because the tenant did not give their new address when returning the keys (service-public.gouv.fr).

Example: rent of €800 excluding charges, deposit of €800, returned 2 months and 3 days late. Three monthly periods have begun: 3 × €80 = €240 penalty, so €1,040 is owed to the tenant.

Recovering an unreturned deposit: the steps

1. Formal notice (mise en demeure) by registered letter with acknowledgement of receipt, claiming the deposit and the penalty; service-public.gouv.fr offers a model letter.
2. Dispute under €5,000: an amicable attempt is mandatory before going to court, with a conciliateur de justice (court conciliator) or the commission départementale de conciliation (departmental conciliation board), both free, or a civil mediator (paid).
3. Dispute over €5,000: the court can be approached directly, though an amicable attempt remains possible.
4. Juge des contentieux de la protection (judge for consumer and tenancy disputes) at the court for the place where the property is located, within 3 years of the day the deposit should have been returned (service-public.gouv.fr).

Which professional to consult

An agent immobilier (estate agent) who manages the property draws up the joint check-in and check-out inventories on which all deductions rest: this is the best protection against a dispute over the deposit. If the property is sold during the lease, the new owner will have to return the deposit (service-public.gouv.fr): a point to settle between seller and buyer with the notaire handling the sale.