Rental Security Deposit: Calculation and Legal Restitution

The security deposit constitutes one of the most regulated sums in the context of a rental lease. Regulated by Law No. 89-462 of 6 July 1989, known as the Mermaz Law, it is nevertheless the subject of numerous disputes between landlords and tenants, particularly during restitution at the end of the lease. Understanding the precise rules for calculation, retention and restitution is essential to secure the rental relationship and avoid disputes before the departmental conciliation commission or the judge of contentious matters protection.

Calculation of the Legal Amount of Security Deposit

The amount of the security deposit is strictly capped by law and depends on the type of rental:

• Unfurnished rental (principal residence): the deposit is limited to one month's rent excluding charges, in accordance with Article 22 of the Law of 6 July 1989, as amended by the MOLLE Law of 2009.

• Furnished rental (principal residence): since the ALUR Law of 24 March 2014, the deposit is capped at two months' rent excluding charges (Article 25-6 of the 1989 Law).

• Seasonal rental or mobility: no legal cap for seasonal rental; no deposit can be required for a mobility lease (Article 25-14).

The deposit must be paid at the signing of the lease and its amount must be expressly stated in the contract. Attention: if rent is payable in advance for a period exceeding two months, no security deposit can be required from the tenant.

Restitution Timelines After the Exit Inventory

The restitution of the deposit is governed by strict timelines since the ALUR Law:

• 1 month maximum if the exit inventory is in accordance with the entry inventory;

• 2 months maximum if degradation or failures are observed.

These timelines run from the date the keys are handed over to the landlord or their representative. In a condominium, the landlord may retain a provision of 20% maximum of the deposit until the annual settlement of condominium accounts, in order to settle any charge adjustments.

In case of delayed restitution, the deposit is increased by 10% of the monthly rent excluding charges per month of delay commenced, an automatic penalty provided for in Article 22 of the 1989 Law.

Authorised Deductions from the Deposit

The landlord may only make deductions upon presentation of supporting documents: quotations, invoices, bailiff reports or photos attached to the inventory. The following are notably justified:

• rental repairs not carried out (Decree No. 87-712 of 26 August 1987);

• unpaid rent and charges;

• degradation exceeding normal wear and tear;

• charge adjustments.

Wear and tear, defined as normal deterioration due to time, can never be charged to the tenant. Since the ALUR Law, landlord and tenant may agree on a wear and tear schedule annexed to the lease to objectify deductions.

Recourse in Case of Dispute

In case of disagreement, the tenant must first send a notice by registered mail with acknowledgement of receipt. Failing an amicable agreement, they may seize the departmental conciliation commission (CDC) free of charge, then failing that, the judge of contentious matters protection of the district court. The action prescribes after 3 years from the date the restitution is due (Article 7-1 of the 1989 Law).

Conclusion

Mastering the security deposit regime secures the landlord-tenant relationship. Rigorous documentation (detailed inventory, photos, wear and tear schedule, work justifications) remains the best protection against disputes and ensures restitution compliant with the legal framework.