How long does the landlord have to return your deposit?
French law is precise on this: your landlord has 1 month to return your deposit if the checkout inspection (état des lieux de sortie) is identical to the check-in inspection, or 2 months if there are differences. The clock starts from the date you hand back the keys — not the date you move out.
If the landlord exceeds this deadline without justification, they owe you an automatic surcharge of 10% of the monthly rent (excluding charges) for each started month of delay. This penalty is automatic — you don't need to prove harm.
What can the landlord legally deduct?
A landlord can only deduct from your deposit for:
- Damage specifically identified in the checkout inspection (with supporting quotes or invoices)
- Unpaid rent or charges
- Unregularised service charge balances
They cannot deduct for:
- Normal wear and tear (vétusté) — yellowed paint after several years, minor scuffs, worn carpets
- Renovation work they would have needed to do regardless
- Damage not mentioned in the checkout inspection
- Work without supporting invoices or quotes
💡 Always attend the checkout inspection in person and compare point by point with the check-in inspection. Photographs taken during both inspections are your best protection.
The landlord deducts more than seems justified
If you disagree with deductions, you can challenge them. The key documents are: the check-in inspection report, the checkout inspection report, photos from both dates, and any correspondence with the landlord about the condition of the property during your tenancy. A depreciation schedule (grille de vétusté) exists in France — it specifies how long various elements of a flat are expected to last and what deductions are acceptable after a certain number of years.
Step 1: the formal demand letter
As soon as the legal deadline passes without return, send a lettre recommandée avec accusé de réception (recorded letter with proof of receipt) to your landlord. State the departure date, key handover date, the deposit amount, the elapsed deadline, and formally demand return within 8 days. This letter is the mandatory first step before any legal action.
Step 2: conciliation (free)
If the landlord doesn't respond or refuses, refer the matter to the Commission Départementale de Conciliation. This is free, involves no lawyers, and often resolves disputes within 6 to 8 weeks. Contact your local ADIL (Agence Départementale d'Information sur le Logement) for guidance.
Step 3: the tribunal
For amounts under €10,000 (almost all deposits), you can take the case to your local tribunal judiciaire through the injonction de payer procedure — simple, fast, and no lawyer required. The court issues an order to pay, which can be enforced by a bailiff if ignored.