At the time of signing a lease, the security deposit remains one of the most sensitive points, because it affects both the move-in budget and the risk of dispute upon exit. In practice, however, the law regulates its amount quite precisely according to the type of rental, as well as the situations in which it cannot be required. This framework is useful because it prevents a landlord from asking for a disproportionate amount whereas, for a primary residence subject to the law of July 6, 1989, the ceiling is set at 1 month's rent excluding charges for unfurnished rentals and 2 months' rent excluding charges for furnished rentals, with a notable exception when the rent is paid in advance for more than 2 months.
The legal amount of the security deposit
Security deposit in unfurnished rentals
In unfurnished rentals, the rule is clear: the security deposit cannot exceed 1 month's rent excluding charges. This cap applies to primary residence leases under the law of July 6, 1989, which covers the vast majority of unfurnished rentals concluded with individuals. Concretely, for a rent of €780 excluding charges, the owner cannot ask for €1,200 as a security deposit: it is limited to €780.
This point deserves to be highlighted, as many tenants still confuse the security deposit, the first month's rent, and potential agency fees. Legally, however, these are three distinct sums. The security deposit is not intended to finance the final months of rent nor to cover just any expense of the landlord: it only serves, at the end of the lease, to guarantee sums still owed or legally justified deductions. Service-Public also reminds us that the tenant cannot use this sum to "skip" their last month's rent.
Security deposit in furnished rentals
In furnished rentals constituting the tenant's primary residence, the cap rises to 2 months' rent excluding charges. The difference with unfurnished rentals is significant: it reflects the presence of furniture and equipment provided, which can increase the financial risk borne by the landlord in the event of damage or unpaid rent. For a monthly rent of €950 excluding charges, a security deposit of €1,900 therefore remains legal, while a higher request would fall outside the framework provided by law.
In practice, this 2-month cap does not mean that a landlord must systematically go to the maximum. It is a limit, not a mandatory amount. This is an important point editorially as well as practically: a lease can perfectly well provide for a lower deposit, or even no deposit at all. However, whenever a sum is requested, it must comply with the cap applicable to the type of rental concerned.
Cases without a security deposit
Finally, there is an often-overlooked situation in which no security deposit can be required: when the rent is payable in advance for a period exceeding 2 months. The legal text says so expressly. The idea is simple: if the landlord already receives several months' rent in advance, they cannot combine this advance with an additional security deposit.
The law, however, provides for an important nuance. If the tenant, after having accepted this method of payment in advance, subsequently asks to switch to monthly rent payments, the landlord can then require a security deposit. This case is less frequent, but it changes the situation in certain files, particularly when the rental relationship evolves during the lease. Clearly, the absence of a security deposit is not always final: it also depends on the concrete terms of the rent payment.
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The legal deadline for return
Refund within one month
The most favorable period for the tenant is 1 month. It applies when the exit inventory is consistent with the entry inventory, in other words when no difference reveals degradation attributable to the tenant. In this configuration, the owner must return the security deposit quickly, even if they always retain the possibility of deducting sums actually owed, for example a rent balance or a duly justified adjustment of charges.
In practical terms, this means that a tenant who has paid an €800 security deposit for an empty rental can recover the full amount within the month following the return of the keys if the property is returned in good condition and without rental debt. This is an important rule, because it prevents a landlord from dragging out the refund without a real reason. The ANIL points out, moreover, that the consistency between the two inventory reports triggers this reduced 1-month period, which secures the departure from the accommodation.
Refund within two months
The period increases to 2 months when the comparison between the entry inventory and the exit inventory reveals differences allowing for justified withholdings. Degradations come to mind first, but this is not the only case: the landlord may also need to precisely determine certain sums remaining due before returning the balance. The logic of the text is simple: the more the exit situation is debated or documented, the longer the period granted to the owner.
However, a common confusion must be avoided: 2 months does not mean total freedom for the landlord. This delay remains a legal maximum. If the supporting documents are already available and the balance can be calculated quickly, nothing prevents an earlier return. In practice, this 2-month period protects the establishment of a serious calculation, but it does not authorize inaction or vague withholdings.
The starting point after the return of the keys
The starting point of the period does not correspond to the theoretical end date of the lease, nor to the day of the move, but to the actual return of the keys. This is a decisive detail in the event of a dispute. Article 22 of the Law of July 6, 1989 provides that the period runs from the return of the keys by the tenant to the landlord or their agent. ANIL specifies that this return can take place in person or by registered letter with acknowledgment of receipt depending on the circumstances.
In fact, a few days' difference can change a lot. A tenant who physically leaves the accommodation on June 28 but does not return the keys until July 2 starts the period from July 2, and not from the material departure date. It is for this reason that it is always useful to keep a dated proof of the return of the keys, especially when the relationship with the owner has become strained at the time of the inventory.
Penalties in case of delay
When the security deposit is not returned within the legal period, the law provides for an automatic sanction: the sum remaining due to the tenant is increased by 10% of the monthly rent excluding charges for each started month of delay. The calculation is therefore not based on the amount of the security deposit, but on the monthly rent excluding charges. For a rent of €900 excluding charges, the penalty reaches €90 per started month. After 2 months of delay, it can therefore represent an additional €180, in addition to the deposit to be refunded.
However, this increase is not due if the delay results from the tenant's failure to provide their new address. This point is often underestimated even though it has a concrete effect: a tenant who wants to quickly recover their security deposit would do well to provide a clear and traceable forwarding address. In reality, this simple formality can prevent the landlord from invoking a cause for blockage and the tenant from losing the benefit of legal penalties.
Authorized legal deductions
Unpaid rent and charges
The security deposit in a rental is not a locked sum that the landlord cannot use. The law allows them to deduct from this amount any sums that actually remain owed by the tenant at the time of their departure. This primarily covers unpaid rent and unpaid charges, provided that these amounts are identifiable and justifiable. The principle is established by Article 22 of the Law of July 6, 1989: the security deposit is returned, minus, where applicable, the sums remaining due to the landlord and those for which they could be held liable in place of the tenant, provided they are duly justified.
In practice, the withholding must correspond to a real rental debt, not a vague estimate. A owner can withhold, for example, €350 of outstanding rent or a €90 balance of charges, but they cannot block an entire €900 security deposit without explaining exactly what the kept sum corresponds to. This is where many disputes begin: not over the principle of the withholding, which is legal, but over the lack of detail in the breakdown provided to the tenant.
Justified rental repairs
The landlord may also deduct from the security deposit costs related to rental repairs when these repairs fall under the tenant’s normal maintenance obligations and were not carried out before their departure. This is the case, for example, for insufficient maintenance, equipment left damaged, or elements of the accommodation that should have been maintained in good working order for everyday use. ANIL reminds us that if the move-out inspection highlights damage caused by the tenant, the cost of repairs can be deducted from the security deposit, provided it can be justified.
In concrete terms, a broken faucet, a damaged interior door, or a floor covering degraded due to lack of maintenance can give rise to a withholding, while a simple refreshing of the accommodation after several years of occupancy is not automatically the tenant's responsibility. What matters is not the owner's perception, but the link between the observed damage, the rental obligation in question, and the amount claimed. In other words, the rental security deposit can cover repairs, but not comfort or refurbishment work freely decided upon by the landlord.
Damage beyond normal wear and tear
This is often the most delicate boundary. The tenant is responsible for damage attributable to their use, but they do not have to finance the normal wear and tear of the accommodation, also known as obsolescence. Over time, paint fades, a floor acquires a patina, seals age, and this evolution is not, in itself, a fault. On the other hand, a large number of holes, a burned carpet, a torn-off door, or clearly broken equipment fall outside the scope of normal wear and tear and can justify a withholding.
This distinction changes everything at the time of reimbursement. After 6 or 7 years of occupancy, it is normal that a property no longer presents the exact condition of the early days. The landlord cannot, therefore, use the rental security deposit to make the tenant bear the ordinary wear and tear of the property. On the other hand, if the wear and tear has been exacerbated by a lack of maintenance or by damage clearly attributable to the occupant, the deduction becomes possible again. This is precisely why the exit inventory, compared to the entry inventory, remains the central piece of any solid file.
Supporting documents that make the deductions valid
Comparison of property condition reports
This is the foundation of all reasoning. For a deduction from the rental security deposit to be legally sound, the landlord must be able to compare the state of the accommodation at entry and exit. Without this parallel, it becomes much more difficult to attribute a degradation to the tenant, since the proof of the difference is missing. Service-Public explicitly cites the entry and exit property condition reports among the admissible supporting documents in the event of a deduction.
In fact, it is not two isolated documents that matter, but their comparison. A wall already stained at entry, a floor already scratched, or equipment already weakened cannot be re-invoiced as if they had been damaged at the end of the lease. Conversely, if the exit property condition report reveals a deterioration absent from the entry document, the lessor has a strong basis for justifying a deduction. It is precisely this mechanism that explains why the restitution period increases from 1 month to 2 months when the two property condition reports are not consistent.
Admissible estimates and invoices
A landlord cannot simply announce a global amount without supporting documents. In the event of a deduction, they must provide supporting documents, among which Service-Public explicitly mentions invoices or job estimates, but also photos, reports from a judicial officer (commissaire de justice), or letters of claim for unpaid rent that remained unanswered. In other words, the deduction must be based on concrete, dated elements consistent with what is being blamed on the tenant.
A frequent misunderstanding must also be avoided: the law does not necessarily require the work to have already been carried out for the deduction to be justified. A serious estimate may suffice to establish the foreseeable cost of a restoration, provided that it corresponds to an objectively observed degradation. On the other hand, a flat amount provided without detail, or an estimate clearly disproportionate to the damage noted, strongly weakens the position of the lessor. The security deposit in a rental can cover proven damage, not an arbitrary sum.
Provisions for service charges in co-ownership
When the accommodation is located in a co-ownership, the tenant's departure can become complicated due to the reconciliation of charges. The law then allows the landlord to keep a provision from the security deposit pending the annual closing of the building's accounts. This option is strictly regulated: the amount retained must be justified by documents, and it cannot exceed 20% of the security deposit.
This point changes the reading of many cases. A tenant may believe that the reimbursement is incomplete while the landlord legally retains a limited fraction pending reconciliation. But here again, the framework is precise: within the month following the final approval of the building's accounts, the landlord must make the final reconciliation and pay back the remaining balance due. The law therefore authorizes a provisional deduction, not an indefinite freeze of the sums.
Prohibited or abusive deductions
Conversely, a deduction becomes contestable when it is not based on any supporting evidence, when it corresponds to simple normal wear and tear, or when it finances expenses that are not attributable to the tenant. Service-Public reminds us that deductions must be justified by specific documents; without this, the tenant has the right to contest them. Clearly, a landlord cannot keep part of the rental security deposit simply because they feel the accommodation is "less fresh" than on day one.
In practice, the most frequent abuses are flat-rate amounts, full repainting without proof of actual deterioration, or vague deductions labeled "cleaning," "work," or "refreshing" without a detailed document. What changes the game is the logic of proof: without a comparative move-in/move-out inspection, without an admissible estimate or invoice, and without a clear link between the amount withheld and the rental obligation in question, the deduction becomes legally fragile. This is exactly why the amicable dispute phase and then, if necessary, the formal notice, often remains decisive for recovering the balance.
Recourse for recovering the security deposit
Amicable request to the owner
When the rental security deposit is not returned within the legal period, the first reflex should remain the amicable approach. In practice, many disputes are resolved as soon as the tenant reminds the landlord in writing of the date the keys were returned, the applicable period of 1 month or 2 months, and the exact amount they estimate they should get back. This step is useful because it often allows a case to be unblocked without immediately initiating a more formal procedure, especially when the delay stems from simple silence from the landlord or a poorly explained statement. (service-public.fr ; anil.org)
In fact, a simple letter or a summary email can already establish a clear framework: move-out date, security deposit amount, absence or insufficiency of supporting documents, and a reminder of any legal penalties. This approach is not merely symbolic. It also serves to build a written history, which becomes valuable if the disagreement continues. The tenant thus shows that they have attempted a reasonable resolution before going further. (service-public.fr)
Formal notice to return the deposit
If the amicable reminder remains ineffective, it is necessary to move to a formal notice (mise en demeure). Service-Public specifies that when the owner or the agency does not return the security deposit within the expected period, the tenant must formally demand its return. This letter must be sent by registered mail with acknowledgment of receipt, which formally dates the request and establishes that the landlord has indeed been summoned to pay. An official template for the letter is also provided by the administration. (service-public.fr ; service-public.fr)
This step has real practical significance, as it allows for the claim not only of the remaining security deposit due but also the legal surcharge of 10% of the monthly rent excluding charges for each month of delay started. For a rent excluding charges of €700, the penalty therefore reaches €70 per month started. And this is where the power balance changes: a delay that seemed "bearable" for the landlord can quickly cost them more than an immediate refund. (service-public.fr)
Conciliation before court
When the formal notice is not enough, the tenant can refer the matter to the departmental conciliation commission (CDC). For disputes relating to the security deposit, this referral is optional, but it is often relevant because it remains free and specifically aims to avoid judicial litigation. ANIL reminds us that the CDC's objective is to reach an amicable settlement of the dispute, with a balanced composition of representatives from landlords and tenants. (anil.org ; legifrance.gouv.fr)
The procedure is relatively accessible. According to ANIL, the tenant can refer the matter to the CDC electronically or by registered mail addressed to the secretariat of the competent commission, i.e., that of the department where the accommodation is located. The parties are then summoned to attempt an agreement, and the commission renders an opinion within 2 months of its referral. If no agreement is reached, the tenant can then refer the matter to the judicial court, more specifically the protection litigation judge. (anil.org ; anil.org)
What to remember
Ultimately, recovering a rental security deposit rests less on a logic of confrontation than on a logic of evidence and method. The legal framework is precise: 1 month or 2 months depending on the inventory of fixtures, a cap of 1 month's rent excluding charges for unfurnished rentals and 2 months for furnished rentals, a withholding limited to justified amounts, a provision capped at 20% for certain co-ownership charges, and a penalty of 10% of the monthly rent excluding charges per started month of delay. When a landlord respects these rules, the refund is made without difficulty; when they deviate from them, the tenant has concrete tools to assert their rights, from an amicable request to conciliation and finally to a judge. (service-public.fr ; service-public.fr ; anil.org)
