This is a point that can sometimes be a problem when you leave your rental, within what time frame must the owner return the security deposit to the tenant? The details of Charlie Cailloux, legal adviser for Particulier à Particulier and the PAP.fr site.
franceinfo: What time before the return of his security deposit, security deposit, that it is also called the deposit, that’s it!
Charlie Pebbles: Yes that’s it ! This is the sum that is paid at the start of the rental to cover any damage that may occur in the accommodation. In everyday language, we speak of a deposit, but the correct term is the security deposit.
The amount of this security deposit depends on the type of rental: for unfurnished rentals, the security deposit is one month’s rent excluding charges, and two months’ rent excluding charges for furnished rentals. As you said, it is returned to the tenant at the end of the lease if no damage is observed.
How soon must it be returned to the tenant?
It all depends on what is found in the exit inventory: if there is no damage, it must be refunded to the tenant within one month of the return of the keys; if the accommodation has been degraded (even small things), it must be returned within two months. This means that as a tenant, you can never demand a refund of your security deposit on the day of the exit inventory, the owner always has a deadline.
A deadline for what?
This is a deadline that should allow him to do the accounts! He must adjust the charges and if there are repairs to be made, he must quantify the amount of these repairs and send a letter to the tenant to justify, by quotes or invoices, any deductions he has made. on the security deposit.
How can the tenant challenge the deductions made by the landlord?
By seizing the departmental commission of conciliation. It is a completely free process, the two parties will be invited to present their arguments and the conciliator will try to bring them to agreement.
What happens if the landlord doesn’t return the security deposit on time?
The owner is liable to a penalty representing 10% of the rent excluding charges per month of delay started. So if the owner returns one day late, he owes a penalty of 10%, if he returns one month and one day late, 20% etc.
To be sure of recovering his security deposit, can the tenant simply not pay his last rent?
Of course not ! The rent must be paid until the last day of the notice. To do so is to take the risk of a “muscular” inventory with a fairly annoyed owner. It can be offered to the owner, especially in furnished rentals, where the security deposit is higher, but doing it on your own initiative will inevitably strain relations.