Security deposit not returned — France: how to get it back

Your Rights and the Legal Deadlines in France

In France, the return of a security deposit (dépôt de garantie) is governed primarily by Article 22 of Law No. 89-462 of 6 July 1989 on rental relationships, as substantially amended by the Loi ALUR of 24 March 2014. This statutory framework applies to all leases for primary residences, whether unfurnished or furnished.

Maximum deposit amounts

• Unfurnished rental (bail nu): capped at 1 month's rent excluding charges (Article 22 of the Law of 6 July 1989).
• Furnished rental (bail meublé) — primary residence: capped at 2 months' rent excluding charges (Article 25-6).
• Mobility lease (bail mobilité): no deposit may be requested at all (Article 25-17, Loi ELAN 2018).
• Advance rent of more than 2 months: no deposit may be required either.

Return deadlines (Article 22, Loi du 6 juillet 1989)

The clock starts running from the moment the tenant returns the keys to the landlord, either in person or by recorded letter (lettre recommandée avec avis de réception).

The deposit must be returned minus any duly justified amounts (outstanding rent, charges, repair costs, damage). Every deduction must be accompanied by supporting evidence (quotes, invoices, photos). Unjustified blanket deductions are illegal.

Official reference: Service-Public.fr — Security deposit in a residential lease (English) — Article 22, Loi n° 89-462 du 6 juillet 1989 (Légifrance)

What the Landlord Can — and Cannot — Deduct

Legitimate deductions

• Unpaid rent or charges remaining at the end of the lease, supported by rent statements.
• Tenant-caused damage (dégradations locatives) exceeding normal wear and tear, documented with a comparative inventory and corroborating invoices or contractor quotes.
• Minor repairs at tenant's expense (réparations locatives) listed in the Decree of 26 August 1987, such as replacing tap washers, touching up plasterwork, or unblocking drains if caused by the tenant.
• Outstanding service charges, once the annual regularisation is confirmed.

What the landlord cannot deduct

• Normal wear and tear (vétusté): faded paint, worn floor finishes, minor scuffs consistent with ordinary use and the duration of the tenancy. Courts consistently rule that wear and tear cannot be charged to the tenant.
• Pre-existing damage already noted on the move-in inventory (état des lieux d'entrée).
• Repairs that are the landlord's responsibility by law (structural works, heating system maintenance, etc.).
• Cleaning fees without justification: a general cleaning invoice is only valid if the inventory confirms the dwelling was returned unclean; the landlord must provide the actual invoice, not a blanket flat fee.
• Deductions without documentation: any retention unsupported by an invoice, quote or photographic evidence is illegal.

Key rule: the burden of proof lies with the landlord. If no move-out inventory was conducted (or conducted solely in the tenant's absence without prior notice), the landlord loses the right to any deduction — the full deposit must be returned.

Late-Return Penalty (Majoration)

The amount of the security deposit to be returned to the tenant is increased by an amount equal to 10% of the monthly rent (excluding charges) for each month of delay started.

• The penalty applies automatically — the tenant does not need a court order to claim it; it accrues from the first day beyond the legal deadline.
• A month "started" counts in full. If the landlord is 5 weeks late, that is 2 months of penalty.

Practical example

Important exception

The penalty does not apply when the delay is caused by the tenant — for example, if the tenant failed to provide a forwarding address, refused to attend the move-out inventory, or returned keys late. In such cases the landlord's deadline only starts running once the necessary information or action is provided by the tenant.

This penalty mechanism was validated by the Conseil Constitutionnel in its decision 2018-766 QPC of 22 February 2019, confirming its constitutionality. Official reference: Décision 2018-766 QPC — Légifrance

Formal Notice: Step-by-Step Model

Before escalating to any official body or court, you must send a formal demand letter (mise en demeure). This is both a legal prerequisite and the most effective first step — it frequently triggers prompt repayment without further action.

1. Verify that the deadline has passed. Confirm the exact date you returned the keys and calculate whether 1 or 2 months have elapsed. Keep proof of key return (signed receipt or postal acknowledgment).
2. Draft a formal demand letter. Address it to the landlord (or managing agent) and include:
   • Your full name, former address, and new forwarding address.
   • The date the keys were returned and the applicable legal deadline (Article 22 of Law No. 89-462 of 6 July 1989).
   • The deposit amount paid and the amount still owed.
   • The penalty accrued (10% per month started, specifying the months elapsed).
   • A firm payment deadline, typically 8 to 15 days.
   • A warning that failure to comply will result in referral to the Commission Départementale de Conciliation and, if necessary, the Tribunal Judiciaire.
3. Send by recorded delivery with acknowledgment of receipt (lettre recommandée avec avis de réception — LRAR). This creates irrefutable legal proof of the date of notice. Keep the receipt and the signed acknowledgment slip.
4. Await the deadline. If the landlord responds with deductions you dispute, request itemised justification documents (invoices, quotes). If they do not respond or refuse to pay without valid justification, move to the conciliation stage.
5. Keep all evidence. Preserve copies of the lease, both inventories (move-in and move-out), the deposit receipt, all correspondence, and the formal notice with its LRAR acknowledgment.

Remedies: Conciliation and Court

Step 1 — Commission Départementale de Conciliation (CDC)

The Commission Départementale de Conciliation (CDC) is a free, paritaire body composed equally of landlord and tenant representatives, established in every French département. Its secretariat is typically managed by the Direction Départementale de l'Emploi, du Travail et des Solidarités (DDETS).

• Jurisdiction: the CDC competent for your dispute is the one in the département where the property is located.
• Cost: completely free of charge for both parties.
• What it covers: disputes relating to the deposit amount, deductions, damages, charges, inventories, and lease conditions.
• How to apply: submit a written request to the secretariat of the CDC of your département. Attach your lease, inventories, the deposit payment receipt, and the formal notice. Find your local CDC via the prefecture website of your département.
• Process: both landlord and tenant are convened to a hearing where each party exposes their point of view. If an agreement is reached, it is recorded in a document signed by both parties. If no agreement is reached, the commission issues a non-conciliation opinion at the end of the session.
• Timeline: typically 6 to 12 weeks, though this varies by département and caseload.
• If no conciliation is reached: the parties may then bring the dispute before the Tribunal Judiciaire, and may attach the commission's non-conciliation opinion to their claim.

Official reference: DRIHL Île-de-France — Commission Départementale de Conciliation

Step 2 — Conciliateur de Justice

An alternative (and sometimes complementary) route is the Conciliateur de Justice, a volunteer magistrate appointed by the Court of Appeal. This is also free. For disputes under €5,000, attempting conciliation — either via the CDC or a conciliateur de justice — is mandatory before filing at the Tribunal Judiciaire. Find yours at: Service-Public.fr — Conciliateur de justice.

Step 3 — Tribunal Judiciaire

If conciliation fails, you may file a claim with the Tribunal Judiciaire of the arrondissement where the property is located. This court has had exclusive jurisdiction over all residential tenancy disputes since the merger of the tribunal d'instance and tribunal de grande instance in January 2020.

• Claim up to €5,000: simplified procedure (procédure simplifiée); no lawyer required.
• Claim above €5,000: standard procedure; a lawyer is strongly recommended.
• What to request: repayment of the deposit, plus the 10% monthly penalty (Article 22), plus interest at the statutory rate, plus legal costs (article 700 du Code de Procédure Civile).
• Attach to your claim: the lease, both inventories, the LRAR formal notice, proof of key return, and the CDC non-conciliation opinion.

Official references: Service-Public.fr — Security deposit in a residential lease (English) — Article 22, Loi 89-462 consolidated (Légifrance)

Additional free support resources

• ADIL (Agence Départementale d'Information sur le Logement): free legal housing advice in every département — anil.org
• Allô Service Public — 3939: free government information line (Ministry of Housing)
• Tenant associations (CLCV, CNL, UNAF): legal support and, if needed, collective action

FAQ

The landlord deducted repair costs but has not sent me any invoice. Is that legal?

No. Under Article 22 of the Law of 6 July 1989, every deduction from the security deposit must be accompanied by supporting documentary evidence — an invoice from a professional, a signed quote, or equivalent written proof. A landlord who lists deductions without providing justification documents is acting unlawfully. Send a formal request for those documents by LRAR. If no justification is forthcoming, the deductions are contestable and you may claim repayment of those sums, plus the applicable 10% monthly penalty if the return deadline has also been missed.

Can I deduct the security deposit from my last month's rent to avoid waiting?

No. The tenant must pay the full rent until the end of the lease. Deducting the amount of the security deposit from the last rent is illegal. Doing so constitutes a breach of the lease, may expose you to legal action by the landlord, and will weaken your position in any subsequent dispute. You must pay rent in full until departure and claim the deposit back separately after key handover.

The landlord claims there was no move-out inventory because I left without arranging one. Can they still make deductions?

It depends on who is responsible for the absence of a move-out inventory. If the landlord failed to propose or conduct a move-out inspection despite being informed of your departure, French courts consistently rule that the landlord loses the right to any deduction and must return the full deposit. If, however, the tenant refused or was unavailable without notice, the landlord may be entitled to have the inspection conducted by a court-appointed commissaire de justice (formerly huissier de justice) at shared cost, and to rely on that report for deductions. Always request a move-out inventory in writing and attend it.

My landlord is abroad or unreachable — what can I do to enforce repayment?

First, send the formal notice (LRAR) to the landlord's last known address or their managing agent. If unresponsive, apply to the CDC of the département where the property is located — the secretariat will officially convene the landlord. If that fails, file a claim at the competent Tribunal Judiciaire. For amounts under €5,000, you may use the simplified online filing procedure available at service-public.fr. Once you hold a court judgment, a commissaire de justice can enforce it against assets held in France, even if the landlord resides abroad.