Rental security deposit: calculation and legal restitution

The security deposit constitutes one of the most regulated sums within the framework of a rental lease. Regulated by law n°89-462 of July 6, 1989, known as the Mermaz law, it is however the subject of numerous disputes between landlords and tenants, particularly during restitution at the end of the lease. Understanding the precise rules of calculation, conservation and restitution is essential to secure the rental relationship and avoid disputes before the departmental conciliation commission or the protection disputes judge.

Calculation of the legal security deposit amount

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

• Empty rental (main residence): the deposit is limited toone month's rent excluding charges, in accordance with article 22 of the law of July 6, 1989, amended by the MOLLE law of 2009.
• Furnished rental (main residence): since the ALUR law of March 24, 2014, the deposit is capped attwo months' rent excluding charges(article 25-6 of the 1989 law).
• Seasonal rental or mobility: no legal ceiling for seasonal rental; no deposit can be required for a mobility lease (article 25-14).

The deposit must be paid upon signing the lease and its amount must be expressly stated in the contract. Please note: if the rent is payable in advance for a period of more than two months,no security deposit may be requiredof the tenant.

Return deadlines after inventory

The return of the deposit is governed by strict deadlines since the ALUR law:

• 1 month maximumif the exit inventory iscompliantin the inventory of places of entry;
• 2 months maximumifdamageor breaches are noted.

These deadlines run from the handing over of the keys to the lessor or his agent. In co-ownership, the lessor can keep a provision of20% maximumfrom the deposit until the annual closing of the co-ownership accounts, in order to clear any possible adjustments of charges.

In the event of late return, the deposit is increased by10% of the monthly rent excluding charges per month of delay started, automatic penalty provided for in article 22 of the 1989 law.

Deductions allowed on deposit

The lessor can only make deductions upon presentation ofsupporting documents: quotes, invoices, bailiff's reports or photos attached to the inventory. The following are in particular justifiable:

• rental repairs not carried out (decree no. 87-712 of August 26, 1987);
• unpaid rents and charges;
• damage beyond normal dilapidation;
• charge regularizations.

Theredilapidated, defined as normal wear and tear linked to time, can never be invoiced to the tenant. Since the ALUR law, lessor and tenant can agree on a dilapidation grid annexed to the lease to objectivize the deductions.

Recourse in the event of a dispute

In the event of disagreement, the tenant must first send aformal notice by registered letter with acknowledgment of receipt. In the absence of an amicable agreement, he may seize thedepartmental conciliation commission(CDC), then failing that theprotection litigation judgeof the judicial court. The action is prescribed by3 yearsfrom the date the refund becomes due (article 7-1 of the 1989 law).

Conclusion

Mastering the security deposit regime secures the landlord-tenant relationship. Rigorous documentation (detailed inventory, photos, obsolescence grid, proof of work) remains the best protection against disputes and guarantees restitution in accordance with the legal framework.