Security deposit not returned: deadlines, penalty and remedies
A security deposit must be returned within one month, or two where the inventories differ. Lawful deductions, wear and tear, the 10% monthly penalty, free conciliation and the court application.
The keys are back, the flat is empty, and the money does not come. This dispute tops French rental litigation, although the law gives tenants simple weapons. A lawyer reviews your file in 20 minutes on Avocat20min.fr.
Security deposit: amount and return deadline
The law of 6 July 1989 caps what a landlord may ask at the start: one month's rent excluding charges for an unfurnished let, two months for a furnished one. Nothing more may be demanded, and French law calls this sum a security deposit, not a guarantee.
The return deadline then depends on the outgoing inventory.
| Situation | Return deadline |
|---|---|
| Outgoing inventory matches the incoming one | 1 month |
| Differences recorded, however minor | 2 months |
| Property in a co-ownership, service charges pending | 20 % withheld until the annual accounts close |
Time runs from the handover of the keys, in person or by registered post. So make sure that handover is dated, because it triggers everything else.
Careful: give the landlord your new address. Without it, the late payment penalty does not apply.
The deductions a landlord may make
A landlord keeps only what they can justify. They must produce documents, not a rough estimate: quotes, invoices, a claim letter or a statement of service charges.
Three grounds stand up in court:
- Damage caused by the tenant, provided it appears in the outgoing inventory and not in the incoming one.
- Unpaid rent and charges, including the balance of the annual adjustment.
- Tenant repairs left undone, listed by the decree of 26 August 1987.
Normal wear and tear, in contrast, is never charged. A ten-year-old carpet, faded paint or blackened silicone belong to ageing. Many leases annex a depreciation grid, which applies a reduction based on age.
Without an incoming inventory, the tenant is presumed to have received the property in good condition. The landlord can then deduct almost nothing from the security deposit.
The 10 % monthly penalty
Once the deadline passes, the sum due increases by 10 % of the monthly rent excluding charges, for every month of delay started. This increase applies automatically, with no prior formal notice.
Take a rent of €800 and a security deposit of €800 returned four months late. The penalty reaches 4 × €80, that is €320, added to the refund.
It falls away in only two cases: where the tenant has not given a new address, and where the delay stems from the tenant's own conduct.
The steps to follow
| Stage | What you do | Cost |
|---|---|---|
| Formal notice | Registered letter recalling the deadline and the penalty | Price of the letter |
| Departmental conciliation commission | Application by post, answer within 2 months | Free |
| Protection litigation judge | Application to the judicial court | Free, no lawyer required |
The departmental conciliation commission sits in every prefecture. It brings landlords and tenants together, and its opinion unblocks a large share of files without a trial.
For disputes below €5,000, an attempt at amicable settlement is compulsory before going to court. Conciliation ticks that box precisely.
Finally, the claim is time-barred after three years. So do not let an unreturned security deposit drift beyond that point.
The documents that win the case
A judge decides on documents, not impressions. Always gather:
- Both inventories, incoming and outgoing, signed.
- Dated photographs taken on the day you left.
- The lease and the rent receipts.
- Proof of the key handover and of the address you gave.
- Written exchanges with the landlord or the agency.
An estate agency does not remove the owner's liability. So address your formal notice to both, to avoid any argument over the recipient.
When to consult a lawyer
A lawyer checks whether the deductions hold, calculates the penalty and drafts the application. They become useful as soon as the landlord raises major works or counterclaims for arrears. A property lawyer answers within 20 minutes. A landlord's notice to quit or substandard housing often belongs to the same file. The rules sit on service-public.gouv.fr.
Frequently asked questions
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