The security deposit is often mistakenly equated with the deposit for furnished or unfurnished rentals. Here's a quick clarification.
When renting an apartment or house, when is a security deposit required?
The security deposit is generally a check cashed by the landlord when the lease is signed. Whether the property is rented empty or furnished, and whether it's a house or an apartment, the landlord always has the option of requiring payment of a security deposit. This sum is used to cover any repairs that may need to be carried out when the tenant leaves. This is by no means a legal obligation, so why deprive yourself of this possibility? If you choose to pay a security deposit (the most common choice), your lease must expressly mention it. The amount should be equivalent to one month's rent, excluding charges.
What are the financial terms of the security deposit?
When the security deposit is paid, the amount is cashed by the lessor. This sum is paid either directly by the tenant, or by a third party (such as Action Logement or the Fonds de Solidarité pour le Logement, for example). Please note that the amount of the deposit cannot be revised during the lease term or when the lease is renewed.
The security deposit is returned at the end of the lease. The legal deadline for returning it is :
- 1 month if the inventory of fixtures at the end of the lease complies with the inventory of fixtures at the start of the lease.
- 2 months if the exit inventory of fixtures differs from the entry inventory of fixtures. This period is therefore variable, depending on the condition of the property at the time the keys are handed over.
It should also be noted that beyond this deadline, the lessor is liable for a penalty of 10% of the rent (excluding charges), per month of delay.
What can be withheld from the security deposit?
The landlord may deduct two types of sums from the security deposit at the time of the exit inventory:
- amounts the tenant may owe in respect of the rental (unpaid rent or service charges, for example),
- or the costs incurred by the landlord in restoring the property to its original state, following damage.
In any case, any deduction from the security deposit must be justified by the landlord. In this case, the landlord must provide the outgoing tenant with: invoices, estimates, letters claiming unpaid rent, etc. Restoration costs must be charged to the tenant, and must not be the result of obsolescence.
Stéphanie SWIKLINSKI