The security deposit paid at the signing of the lease remains the property of the tenant. The landlord retains it for the duration of the rental to cover any potential defaults (unpaid rent, damages). At the end of the lease, its return is governed by specific rules set by the law of July 6, 1989, particularly its Article 22. Knowing these rules transforms a sometimes cumbersome process into a quick procedure.
Late penalty on the security deposit: an underestimated lever
Most guides detail the timelines for restitution, but few emphasize the concrete consequence of exceeding them. Article 22 of the 1989 law provides for a 10% increase of the monthly rent excluding charges for each month of delay. This penalty applies as soon as the legal deadline (one or two months depending on the case) is exceeded.
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Recent decisions from judges in protection litigation confirm that this increase applies automatically. The tenant does not have to prove any particular damage: the mere fact of the delay is sufficient, even for a few days that push into a new month.
In practice, mentioning this penalty in a formal notice letter accelerates the restitution of the security deposit in the majority of cases. The landlord, informed of the increasing financial risk, generally prefers to settle quickly rather than let the debt grow.
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Deadline for the restitution of the deposit: one or two months depending on the exit inspection
The starting point for the deadline is the handover of the keys by the tenant, not the end date of the notice period. Two situations determine the legal duration.
- If the exit inspection is consistent with the entry inspection, the landlord has one month to return the security deposit in full.
- If the exit inspection reveals differences (damages, lack of maintenance), the deadline extends to two months. The landlord can then withhold amounts corresponding to repairs, provided they provide supporting documents (estimates, invoices, photos).
- In co-ownership, the landlord can retain a maximum provision of 20% of the deposit until the annual accounts of the building are finalized. The balance must be paid within the month following this finalization.
The counting of the deadline is done in calendar months. A tenant who returns their keys on March 15 must receive their deposit by April 15 at the latest (if the exit inspection is consistent) or by May 15 (if the exit inspection is different).
Exit inspection: the document that protects the tenant
The exit inspection is the comparative document that underpins any deductions from the security deposit. Without this document, the landlord can hardly deduct anything. Conversely, a poorly conducted exit inspection can be costly for the tenant.
Prepare the property before the visit
Deep cleaning the property, filling in holes from fixtures, and checking the proper functioning of equipment (faucets, shutters, switches) limits unfavorable observations. Comparing each room with the entry inspection allows for anticipating points of friction.
Document the condition of the property on the day of key handover
Photographing each room with a timestamp is a crucial precaution. In case of later disputes, these photos serve as evidence. Filming a panoramic view of each room adds a level of detail that photos alone may not capture.
If the landlord refuses to conduct the exit inspection or does not show up, the tenant can call upon a judicial commissioner (former bailiff). The costs are then shared equally between the two parties.
Deductions from the security deposit: what the landlord can deduct
The landlord cannot arbitrarily withhold amounts. Any deduction must be justified by specific documents and correspond to actual defaults by the tenant.
Permissible deductions cover three categories: unpaid rent or charges, repairs not carried out by the tenant, and damages noted during the exit inspection. The landlord must provide a detailed breakdown accompanied by supporting documents (paid invoices, professional estimates, reminder letters for unpaid amounts).
Wear and tear cannot be charged to the tenant. A worn floor covering after several years of normal occupation does not justify any deduction. Depreciation scales, sometimes annexed to the lease, set the theoretical lifespan of each element of the property. If such a scale exists in the contract, it is binding on both parties.
A simple estimate is not always sufficient to justify a significant deduction. Some judges require the final invoice, especially when the deducted amount represents a significant portion of the deposit.
Recourse in case of non-restitution of the security deposit
When the legal deadline is exceeded and the landlord does not respond, a graduated approach is necessary.
The first step is to send a formal notice letter by registered mail with acknowledgment of receipt. This letter reminds the amount owed, the exceeded deadline, and the applicable 10% penalty. In many situations, this letter triggers the transfer within days.
If the letter has no effect, the tenant can file a complaint free of charge with the departmental conciliation commission. This optional step sometimes allows for resolving the dispute without going to court.
As a last resort, filing with the judge of protection litigation is done via a simplified Cerfa form, without a mandatory lawyer. The limitation period is three years from the date the deposit should have been returned. The judge can order the refund of the deposit, the legal increase of 10% per month of delay, and additional damages if the damage is proven.
Keeping all documents related to the rental (signed lease, entry and exit inspection reports, rent receipts, written exchanges with the landlord) remains the best guarantee of obtaining a favorable outcome, whether the resolution comes through negotiation or through the court.