Can I get my rental deposit back?
Yes, within a deadline, after the check-out inventory. The deposit paid at move-in is capped at 1 month's rent excluding charges for an unfurnished rental, and 2 months for a furnished one. When you leave, the landlord must return it: within 1 month if the check-out inventory matches the check-in one, or 2 months if there are differences justifying deductions (repairs, unpaid rent). The landlord must justify any deduction (quotes, invoices). For late return, the deposit is increased.
📋 The rules
- Deposit capped at 1 month rent excl. charges (unfurnished), 2 months (furnished)
- Return within 1 month if the inventory matches
- Return within 2 months for justified differences
- Any deduction must be justified (quotes, invoices)
- Late: penalty of 10% of rent per month started
🔓 Exceptions
- No deposit allowed if rent is payable in advance (> 2 months)
- In a co-ownership, the landlord can hold up to 20% provisionally for charges settlement
- Damage vs wear: normal wear can't be deducted
⚠️ Penalties & fines
If the landlord doesn't return the deposit on time, they owe a penalty of 10% of the monthly rent excl. charges per month of delay started. For an unjustified deduction, you can serve formal notice, take it free to the departmental conciliation commission, then the protection-litigation judge. The damage / wear distinction is key: normal wear can't be charged to you.
📎 Official sources
- Service-Public.fr · Rental deposit →
- Légifrance · Law of 6 July 1989, article 22 →
- ANIL · Returning the deposit →
❓ Frequently asked
How long to return the rental deposit?
1 month if the check-out inventory matches the check-in one, 2 months if there are differences justifying deductions. The deadline runs from the handing back of the keys.
Can the landlord keep part of the deposit?
Yes, but only for justified reasons: repairing damage (not normal wear), unpaid rent or charges. They must provide supporting documents (quotes, invoices). An unjustified deduction can be contested.
How much can be asked as a deposit?
1 month's rent excl. charges for an unfurnished rental, 2 months for furnished. No deposit can be required if the lease provides for rent paid more than two months in advance.
What if the landlord won't return the deposit?
Serve formal notice by registered letter, recalling the 10%-of-rent penalty per month of delay. Failing that, take it free to the departmental conciliation commission, then the protection-litigation judge.
Can normal wear be deducted?
No. Wear and tear from peaceful use of the home can't be deducted. Only real damage attributable to the tenant justifies a deduction, on production of supporting documents.
🔎 Common searches
What people search to land here:
- “get rental deposit back”
- “deposit return deadline”
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- “10 percent late deposit penalty”
- “deposit 1 month 2 months”
- “check-out inventory deposit”