The security deposit (dépôt de garantie) is one of the most common sources of disputes between tenants and landlords in France. Knowing your exact rights and the correct legal procedures can make the difference between getting your money back and losing it.
Legal deadlines for returning the deposit
Your landlord has a strict legal obligation to return your deposit within 1 month of the end of the tenancy if there is no damage, or 2 months if there are damages (article 22 of the law of 6 July 1989). This deadline runs from the date the keys are returned. If the landlord misses these deadlines, they automatically owe you a penalty of 10% of the deposit per month of delay — regardless of any justification.
What can the landlord deduct from the deposit
Legitimate deductions include: unpaid rent or charges, costs of repairs for damage caused by the tenant (not normal wear and tear), cleaning costs if the property was left dirty, and replacement of missing items. The landlord must provide itemised receipts or estimates for all deductions. Normal wear and tear (usure normale) cannot be deducted — walls with minor marks, worn carpets, small holes from picture hooks.
Step 1: Send a formal demand letter (mise en demeure)
If you have not received your deposit or the deductions seem unjustified, send a formal demand letter (mise en demeure) by registered post with acknowledgement of receipt (LRAR). Your letter must state: the amount of deposit to be returned, the legal deadline (1 or 2 months), the date the keys were returned, and a formal request for payment within 8 days. FrenchDesk generates this letter in 30 seconds with the exact legal references.
Step 2: If no response, escalate
If the landlord still does not respond after your mise en demeure, you have three options: 1) Conciliation: free mediation service available at every tribunal judiciaire. 2) Injonction de payer: a payment order procedure (no lawyer needed, under €5,000). 3) Legal action before the tribunal judiciaire for amounts over €5,000. FrenchDesk can help you draft all the necessary correspondence.