Security Deposit in France: Return Deadline & Legal Deductions (2026)

The 1-month vs 2-month return rule

Article 22 of the French law of 6 July 1989 sets two distinct deadlines based on the condition of the property at key handover:

• 1 month if the move-out condition report matches the move-in report — that is, if no damage attributable to the tenant is noted.
• 2 months if damage is recorded in the move-out report or identified when the two reports are compared.

The clock starts on the date the tenant returns the keys, provided they have supplied a forwarding address. If the tenant leaves without providing one, the landlord gets an extra month — but must dispatch the balance as soon as the address is communicated.

What deductions are legally allowed

A landlord may deduct from the deposit amounts corresponding to three categories:

• Tenant-caused damage beyond normal wear and tear from ordinary use — holes in walls, deep stains, burnt carpet, a broken lock, or a smashed fixture.
• Unpaid rent or service charges — any outstanding amount owed under the lease can be deducted, provided the landlord can document the exact figure.
• Tenant-responsibility repairs not carried out — minor maintenance items listed in the decree of 26 August 1987 (seals, small wear parts, appliance upkeep) that the tenant failed to address.

Depreciation (vétusté) must be applied to each deduction. If an item has been in service for many years, the landlord cannot claim the full replacement cost at current prices. The conventional depreciation grid (grille de vétusté) agreed by social partners provides the reference for calculating the residual value of each element and the deductible amount.

Normal wear vs. damage — the official grid

The line between normal wear and actionable damage is a frequent source of dispute. The reference depreciation grid — used by most insurers and mediators — gives indicative lifespans per element:

These lifespans are indicative and not legally binding unless a depreciation grid has been annexed to the lease. In practice, conciliators and judges consistently refer to them when arbitrating disputes. Annexing the grid at lease signing protects both parties equally.

Mandatory supporting documents

Every deduction from the security deposit must be backed by supporting documents sent to the tenant alongside the itemised statement. Without them, the deduction is contestable and a judge will typically set it aside:

• Repair quotes or invoices — dated and signed by a tradesperson, corresponding precisely to the damage claimed. A quote alone is sufficient at the time of return, but the final invoice must be provided on request.
• Both condition reports compared side by side — move-in and move-out — with explicit reference to the differences noted. A move-out report on its own, without the matching move-in report, is not sufficient evidence.
• Dated and signed photographs (or digitally timestamped) illustrating the specific damage claimed. These significantly strengthen a landlord's position before a conciliation commission or court.

What happens when the tenant disputes

If a tenant disagrees with the deductions or the deposit is not returned within the legal deadline, there is a three-step escalation path:

1. 1. Formal demand letter by recorded post (LRAR) — the tenant formally notifies the landlord of their obligations, the amount claimed, and the 10%/month penalty already accruing. This step is required before any formal referral.
2. 2. Commission Départementale de Conciliation (CDC) — free and accessible without a lawyer, this body handles rental disputes within a few weeks. The vast majority of cases are resolved here when the landlord cannot produce adequate supporting documents.
3. 3. Juge des contentieux de la protection — for disputes under €5,000, no lawyer is required before the local civil court. The judge rules on the merits, the late-return penalty, and any damages.

In practice, most disputes are settled at step 2 when one party lacks proper documentation. Building a complete file from the moment the keys are returned is the best protection for both landlords and tenants.

How FacturZen tracks security deposits

FacturZen records the deposit amount for each lease at creation. When a tenant returns the keys, you log the handover date and the software automatically calculates the return deadline — 1 month or 2 months, depending on your selection — and sends you a reminder before the due date.

The side-by-side comparison of move-in and move-out condition reports, together with the itemised deduction summary, can be exported as a PDF in a few clicks — ready to attach to your return letter. No more hunting through folders at the worst possible moment.

See how FacturZen's property management software helps you manage security deposits and condition reports end to end. 14-day free trial, no credit card required.

Conclusion

The security deposit in France is governed by precise rules that neither landlord nor tenant can ignore. A 1- or 2-month return window depending on the condition report, an automatic 10%/month penalty for late return, mandatory supporting documents for every deduction, and a free mediation route through the CDC: knowing these mechanisms prevents the vast majority of disputes and protects both parties. The key remains the quality of the move-in condition report — without a reliable reference, every move-out comparison becomes a potential argument.