Recovering Your Security Deposit in France

Understanding the Security Deposit System in France

In France, tenants typically pay a dépôt de garantie (security deposit) equivalent to one or two months’ rent before moving in. This deposit serves as financial protection for the landlord against unpaid rent or property damage.

Steps to Recover Your Security Deposit

1. Conduct a Thorough Move-In Inspection

Before moving in, perform a detailed inspection with the landlord and document any existing issues. Take photos and request a signed copy of the move-in report (état des lieux d’entrée).

2. Maintain the Property During the Lease

Avoid damage, pay rent on time, and adhere to the rental agreement to ensure an easy refund process.

3. Perform a Move-Out Inspection

Before leaving, schedule an état des lieux de sortie with your landlord. Ensure that the property is in good condition and matches the move-in inspection report.

4. Request a Written Confirmation of Deposit Return

After returning the keys, formally request your deposit back. Landlords are legally required to return it within one month if there are no issues or within two months if deductions apply.

Common Deductions from Security Deposits

Landlords can withhold part or all of the deposit for:

• Unpaid rent or charges
• Damage beyond normal wear and tear
• Unpaid utility bills
• Cleaning costs if the apartment is not properly cleaned

How to Dispute a Security Deposit Deduction

If you believe deductions are unfair:

1. Request a breakdown of deductions in writing.
2. Negotiate with the landlord. If they refuse to return an unjustified amount, send a formal letter.
3. Contact the Commission Départementale de Conciliation (CDC). This free mediation service helps resolve disputes between landlords and tenants.
4. Take legal action. If necessary, file a claim in Tribunal d’instance (small claims court).

FAQ

How long does a landlord have to return a deposit?

Landlords must return the deposit within one month if there are no deductions and within two months if there are damages.

Can a landlord keep the deposit for minor wear and tear?

No, landlords can only withhold funds for significant damages beyond normal wear.

What if my landlord refuses to return my deposit?

You can file a dispute with the Commission Départementale de Conciliation or take legal action in small claims court.