The 2-Month Cap: What the Law Requires
For furnished primary-residence rentals governed by loi ALUR, the security deposit — dépôt de garantie — is capped at two months' rent, calculated on the rent amount excluding charges (hors charges). This is non-negotiable. A landlord who demands three months' deposit, or who asks for two months plus a "reservation fee" that functions as additional security, commits an infraction. The excess must be refunded and cannot be retained as security for any purpose.
The cap applies only to furnished primary-residence lets. For bail mobilité contracts (1–10 months for people on assignment or studying), no security deposit is permitted at all. For seasonal and tourist lets, there is no legal cap — the deposit is contractual. For unfurnished primary-residence lets, the deposit is capped at one month.
One of the practical advantages of the furnished regime for landlords is the higher deposit cap: two months for meublé vs one month for unfurnished (nu). For tenants, this means a furnished let requires a larger upfront payment. The deposit must be paid at lease signing — payment in instalments is not permitted unless the parties expressly agree, which landlords rarely accept.
Return Deadlines and the 10% Penalty
The return deadline is one of the most important rules in French deposit law, and one of the most frequently violated by landlords. The law sets hard deadlines that run from the date the tenant physically returns the keys — not from the date the lease ends, not from the date the exit état des lieux is completed, but from the moment the keys are in the landlord's hands.
The Two Deadlines
If the exit état des lieux reveals no damage beyond normal wear and tear, and no unpaid rent or charges are outstanding, the landlord must return the full deposit within one month. If damage is noted in the exit état des lieux, the landlord has two months to return the deposit, less any amounts properly deducted for damage. Any deductions must be itemised in writing and supported by an invoice, quote, or photograph.
The 10% Monthly Penalty
If the landlord fails to return the deposit (or the undisputed balance) within the applicable deadline, a penalty of 10% of the monthly rent — calculated on the rent hors charges — is owed to the tenant for each month of delay or part thereof. This penalty is automatic under Article 22 of the 1989 law: no court order is needed to trigger it. The tenant can demand it by letter. If the landlord disputes the calculation, the tenant can enforce it before the tribunal judiciaire.
What the Landlord May and May Not Deduct
A landlord may only deduct from the deposit for three categories of loss: (1) damage to the property or furnishings beyond normal wear and tear, as documented by comparison of the entry and exit états des lieux; (2) unpaid rent or charges; and (3) the cost of professional cleaning if the exit état des lieux shows the property was not returned in a clean condition. Every deduction must be itemised in writing and supported by an invoice, a quote, or a photograph. A blanket deduction without evidence cannot be enforced.
- Damage to walls beyond normal scuffs (large holes, stains)
- Broken or missing furnishings listed in the inventory
- Professional cleaning if property left dirty
- Unpaid rent or charges at departure
- Broken appliances caused by misuse
- Damage to floors beyond normal wear
- Broken windows, doors, or fixtures
- Replacement of lost keys or changed locks
- Normal wear and tear (vétusté) on paintwork, floors, carpets
- Items already damaged at entry (noted in état des lieux)
- Age-related deterioration of furnishings
- Repainting a room after a normal-length tenancy
- Cleaning costs if property was returned clean
- Any amount not documented with a quote or invoice
- Costs incurred after the 2-month return window has passed
- Damage caused by the landlord's failure to maintain the property
Normal Wear and Tear: The Vétusté Grid
The distinction between damage and normal wear and tear (vétusté) is the most contested issue in deposit disputes. French law provides a grille de vétusté — a wear and tear schedule — that assigns a useful life to each element of the property and specifies how the landlord's reimbursement entitlement reduces over time. Where a grille de vétusté is annexed to the lease, its figures are binding. Where no grid is attached, courts apply a reasonable life expectancy standard.
| Element | Typical useful life | Landlord's share at year 3 | Landlord's share at year 6 |
|---|---|---|---|
| Interior paint / wallpaper (standard) | 5–7 years | ~57% | ~14% |
| Interior paint (high quality) | 7 years | ~57% | ~14% |
| Carpet / fitted carpet | 5–7 years | ~57% | ~14% |
| Linoleum / vinyl flooring | 8–10 years | ~70% | ~40% |
| Parquet (varnished) | 20 years | ~85% | ~70% |
| Curtains / blinds | 5 years | ~40% | 0% |
| Kitchen furniture (standard) | 10 years | ~70% | ~40% |
| Household appliances | 5–10 years | ~40–70% | 0–40% |
The table above illustrates how the grid works. If a tenant has lived in a property for 6 years and the landlord repaints at a cost of €1,200, only approximately 14% of that cost (€168) may be charged to the tenant — the rest is normal wear and tear absorbed by the landlord. A landlord who charges the full €1,200 is overcharging by €1,032, and that excess must be refunded.
If no grille de vétusté is annexed to the lease, courts apply a reasonable useful-life standard based on the item's age, condition at entry, and the length of the tenancy. In practice, after a tenancy of 3 or more years, French courts are reluctant to award the landlord the full cost of repainting walls or replacing carpets. If you are in a dispute and no grid was attached, argue that the landlord must prove the damage exceeds normal wear and tear for the duration of the tenancy.
How to Dispute an Abusive Deposit Retention
If your landlord has not returned your deposit by the deadline, or has made deductions you consider unjustified, French law provides a clear escalation path. Acting promptly and in writing at each stage is essential.
The entire deposit dispute procedure turns on the quality of the documentation at entry. A detailed entry état des lieux with photographs, signed by both parties, is your primary protection. Date-stamp every photograph. If the landlord refuses to sign the entry état des lieux, request a bailiff (huissier) to complete it — the fee is shared. If the landlord refuses to attend the exit état des lieux, send an LRAR inviting them at a specific date and time; if they do not attend, have the état des lieux completed by a huissier unilaterally. Courts give full weight to a unilateral bailiff report where the landlord unjustifiably refused to attend.
Special Rules for Non-Resident Landlords
Where the landlord is based outside France, the deposit dispute procedure is the same but enforcement can be more complex. A judgment obtained from a French tribunal against a non-resident landlord can be enforced in other EU member states under the Brussels I Regulation (recast). For landlords outside the EU, enforcement depends on bilateral enforcement treaties or an exequatur procedure in the landlord's country of residence. In practice, non-resident landlords are often more willing to settle at the CDC stage precisely because they wish to avoid the cost and complexity of cross-border enforcement.
The tenant must provide the landlord with a forwarding address at the time of departure. Failure to do so delays the return deadline: the 1-month or 2-month period only begins running once the tenant has communicated a valid address for the deposit to be returned to. Do not leave without providing a written forwarding address. Include it in your departure LRAR or hand it over in writing at the time of key return.
The Guarantor and the Deposit: What You Need to Know
Where a tenant provided a guarantor (caution solidaire), the landlord may pursue the guarantor for any unpaid rent or charges after the tenancy ends. The guarantor's liability does not extend to damage that the tenant is liable for under the deposit — these are separate regimes. A guarantor who paid rent arrears on behalf of the tenant is subrogated in the tenant's rights against the landlord, including the right to recover an unlawfully retained deposit if the tenant assigned that right.
Importantly, for leases signed since the loi ALUR, a landlord who has obtained a bank guarantee (garantie autonome bancaire) as security cannot simultaneously demand a personal guarantor from the tenant, except where the tenant is a student. Landlords who impose both a bank guarantee and a personal guarantor are in breach of the law, and the guarantee that was taken second is void.
Our English-speaking French lawyers advise expat tenants and non-resident landlords on deposit disputes, états des lieux, and the full range of furnished rental rights in France. We can review your documentation and advise on the best course of action.
Book a ConsultationThis article is for general information and educational purposes only. It does not constitute legal advice and does not create a lawyer-client relationship. The penalty calculator provides indicative figures only and is not a substitute for legal advice. Laws and regulations may have changed since publication.
Key Legal References
Deposit cap (2 months hors charges); return deadlines (1 or 2 months from key return); 10% monthly penalty for late return
Tenant and landlord repair obligations; réparations locatives scope
État des lieux entry and exit procedure
Commission Départementale de Conciliation: mandatory mediation before court proceedings for deposit disputes
No deposit permitted for bail mobilité
Guarantor rules: bank guarantee + personal guarantor both void (second void); exception for students
