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Claiming the return of your security deposit

Your landlord isn't returning your deposit on time? Here's how to recover it with the right arguments.

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Legal deadlines your landlord cannot ignore

The law is clear: your landlord has 1 month to return your deposit if the checkout inspection matches the check-in inspection, or 2 months if there are differences. These deadlines run from the date the keys are handed back. After the deadline, the landlord owes you a surcharge of 10% of the monthly rent (excluding charges) for each started month of delay. This penalty is automatic.

What the landlord can legally keep — and what they can't

The landlord can deduct from your deposit: repairs for damage identified in the checkout inspection (with quotes or invoices), unpaid rent or charges, and unregularised service charges. They cannot deduct for: normal wear and tear (yellowed paint, scratched floorboards after years of use), refurbishment work they would have needed to do anyway, or damage not mentioned in the checkout inspection.

The formal notice letter: how to write it

Send a recorded letter with acknowledgement of receipt as soon as the legal deadline has passed. State: the departure date, the date the keys were handed over, the deposit amount, the legal deadline that has elapsed without return, and a formal demand to return the sum within 8 days. This letter is the mandatory prerequisite for any legal action.

The landlord doesn't respond or refuses to return it

Without a response within 8 days, you have two options. The Commission Départementale de Conciliation is free and often achieves an amicable agreement within a few weeks. If conciliation fails, take the case to the local tribunal judiciaire via the injunction to pay procedure — straightforward, fast, and no lawyer required for amounts under €10,000.

Always keep your evidence

Keep: both signed inspection reports (check-in and checkout), photos taken at the checkout inspection, all correspondence with proof of sending, and rent receipts confirming you've paid on time. These documents are your protection in any dispute.

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