Unlawful Retention of a Security Deposit: How to Contest It in France

Understanding Security Deposits in France

In France, a security deposit (dépôt de garantie) is typically required when signing a rental agreement. It usually amounts to one month's rent for unfurnished properties and up to two months' rent for furnished properties. The deposit aims to cover:

• Unpaid rent or utilities
• Property damage beyond normal wear and tear
• Cleaning costs if the property is returned in poor condition

By law, the landlord must return the security deposit within one month after the lease ends if no deductions apply, or within two months if deductions are justified.

What Constitutes Unlawful Retention?

1. Retaining More Than Necessary

Landlords can only withhold amounts related to unpaid rent, justified repairs, or damages. Any deduction must be clearly explained with supporting documents (e.g., invoices, repair estimates).

2. Failure to Return the Deposit Within the Legal Deadline

The landlord must return the deposit:

• Within one month if the property is returned in good condition
• Within two months if deductions are applied

Delays beyond these periods without valid reasons are considered unlawful and may incur penalties.

3. Charging for Normal Wear and Tear

Landlords cannot charge for:

• Minor wall marks
• Faded paint due to time
• Small holes from picture frames

These are considered normal usage and cannot justify deductions.

How to Contest Unlawful Retention of a Security Deposit

Step 1: Send a Formal Written Request

• Draft a registered letter with acknowledgment of receipt to the landlord.
• Clearly state:
  • The end date of the lease
  • The amount of the deposit
  • Reasons why you believe the retention is unlawful
• Mention the legal deadlines and request the return of the deposit within eight days.

Step 2: Use the Commission Départementale de Conciliation (CDC)

• If the landlord does not respond, you can submit a request to the CDC for free mediation.
• The CDC aims to resolve disputes between landlords and tenants without going to court.

Step 3: Take Legal Action

• If mediation fails, you can file a claim with the local court (tribunal d’instance).
• If the court rules in your favor, the landlord may be required to:
  • Return the security deposit
  • Pay additional penalties (up to 10% of the deposit per month of delay after the deadline)

How Cautioneo’s Tenant Guarantee Can Help

If you are renting in France without a traditional guarantor, Cautioneo’s tenant guarantee provides financial protection. In cases where disputes arise over the security deposit, having Cautioneo’s backing ensures:

• Expert advice on resolving conflicts
• Faster access to legal resources
• Greater credibility when dealing with landlords

Cautioneo’s tenant guarantee simplifies the rental process and protects tenants’ rights, providing peace of mind from lease start to deposit return.

Tips for Preventing Security Deposit Disputes

• Conduct a thorough move-in inspection: Document any existing issues with photos.
• Perform a proper move-out inspection: Ensure the property is cleaned and restored to its original condition.
• Keep all receipts: Proof of payments and maintenance work can support your case if disputes arise.
• Communicate regularly: Inform your landlord in writing of any issues during your stay.

FAQ : Unlawful retention of security deposit in France

How long does a landlord have to return a security deposit in France?

• One month if no deductions apply
• Two months if justified deductions are made

What if the landlord refuses to return my security deposit?

• Send a formal letter first. If unresolved, seek mediation via the CDC or take legal action.

Can a landlord charge for repainting the walls?

• Only if the damage exceeds normal wear and tear. General fading or minor marks do not justify deductions.

How does Cautioneo’s tenant guarantee help in deposit disputes?

• Cautioneo provides expert advice and legal resources to support tenants in case of unlawful retention disputes.