Security deposits in France: amount, refund, deductions
Updated 8 October 2026 · By the Loyski team
The security deposit (dépôt de garantie) protects the landlord against damage and arrears. In France, the amount is capped, the refund follows strict deadlines, and returning it late is expensive. The rules of article 22 of the law of 6 July 1989, explained simply.
How much can you ask for?
- Unfurnished let: at most one month's rent excluding charges (article 22).
- Furnished let: at most two months' rent excluding charges (article 25-6).
It's paid when the lease is signed and the amount is stated in the lease. Action Logement's Loca-Pass advance or each département's housing solidarity fund (FSL) can help some tenants pay it.
When must it be returned?
The deadline runs from the return of the keys:
- 1 month if the move-out inventory matches the move-in inventory;
- 2 months if it shows differences.
The tenant must give their new address at the latest when returning the keys. In a building with shared ownership, the landlord can keep up to 20% of the deposit until the building's yearly accounts are closed, then settle within the month after they're approved.
Work out the deadline with the security deposit calculator.
What the landlord can deduct
- unpaid rent and charges;
- the cost of repairs that are the tenant's responsibility, identified by comparing the inventories, on a quote or invoice, allowing for age and wear (vétusté);
- the balance of the charge reconciliation (in a shared building, within the 20% limit mentioned above).
They can't keep a flat amount, or charge for normal wear: faded paint after eight years of occupation isn't damage.
Late penalties
If the deposit isn't returned in time, the amount still owed is increased by 10% of the monthly rent excluding charges for each month of delay started. This penalty isn't due if the delay is because the tenant didn't give their new address.
Example: rent of €700, keys returned on 31 May, inventory unchanged. The deposit must be returned by 30 June. Returned on 15 August, it's a month and a half late, so two months started: 2 × €70 = €140 in penalties.
In practice, when the tenant leaves
- Do the move-out inventory with the tenant present, with photos.
- Compare it room by room with the move-in inventory and get any repairs priced.
- Work out the last rent on a prorated basis and check it's paid.
- Return the deposit in time, with the breakdown of deductions and the evidence.
Rent tracked, receipts sent, IRL rent increases and charges at the right time. Free for one property.
Frequently asked questions
Can the deposit be used to pay the last month's rent?
No, in principle: the tenant must pay rent until the end of the notice period. The deposit covers any sums still owed after they leave, once the move-out inventory is done.
Does the deposit earn interest?
No. It doesn't earn interest for the tenant, and it can't be revised during the lease or on renewal.
What if the landlord doesn't return the deposit?
The tenant sends a formal notice (mise en demeure), then can go to the departmental conciliation committee or the court. The amount owed is increased by 10% of the monthly rent excluding charges for each month of delay started.
Can the deposit be kept for normal wear and tear?
No. Only damage caused by the tenant, identified by comparing the move-in and move-out inventories, can be deducted, with evidence (quotes, invoices). Normal wear over time is the landlord's responsibility.
This guide gives general information about French law, accurate on its publication date. It doesn't replace personal legal or tax advice: if in doubt, the ADIL of the département where the property is located advises landlords and tenants for free.