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Deposit Not Returned Within 10 Days. What To Do -How Long Does it Take

Updated: Aug 1, 2023

In France, landlords have 30 days to return a security deposit when their tenant moves out. If the deposit is not returned within that time, the tenant can take legal action. This article will give an overview of the law regarding security deposits in France, what to do if your landlord does not return your deposit on time, and how to avoid litigation.


Representing legal action
Taking Legal Action for Unreturned Deposit.


How long does a landlord have to return a deposit in France?

In France, when a tenant leaves a rental property, the landlord has a fixed period of time to return the deposit. This is called the "deposit return period". The amount of time the landlord has to return the deposit depends on whether the rental was for personal or business use.


Representing legal obligations
Clarifying Deposit Return Obligations.

Tenancy deposit scheme in Paris | Assured shorthold tenancy with letting agents


The law regarding security deposits in France

In France, landlords are required by law to return a deposit. If in the past they had to return the deposit within 45 days of a tenant's departure, this period is now reduced to 1 month. If the landlord does not return the deposit within this period, the tenant can take legal action. The amount of the deposit is capped at two months rent for unfurnished properties and three months rent for furnished properties.


However, it should be noted that the security deposit may be reduced in the event of deductions for necessary work following the tenant's departure.



Deductions may apply for necessary repairs
French Law: Timely Return of Tenant Deposits.

Deposit protection scheme | Local council and court fees | Legal citizens advice


Time limit for the return of the security deposit for personal use

For personal use rental contracts, the deadline for returning the deposit is two months from the date of departure of the tenant. The deposit must be returned to the tenant within that time, unless the landlord files a lawsuit against the tenant. If the landlord files a lawsuit, the landlord has six months from the move-out date to return the deposit and avoid going to court.



Returning deposit within 6 months if lawsuit filed
Tenant Deposit Deadline in Personal Rental Agreements.

Deposit protection scheme with property manager | Deposit scheme


Time limit for the return of the deposit for professional use of the premises

The time limit for a landlord to return a deposit for a business rental is different from that for a personal rental. For business rentals, such as commercial, retail or office, the landlord has only one month from the date of move-out to return the deposit.


When a landlord rents to a company, there are a few rules to follow as we have seen in this article.


Finally, there are different time limits depending on whether the deposit is for a short or long term rental agreement.



Landlords have one month to return the deposit after the tenant moves out
Business Rental Deposit Return Time Limit.

Claiming compensation | Statutory declaration form


What to do if your landlord does not return your deposit on time

If your landlord does not return your security deposit on time, you can take legal action.


Tenants have the option to take legal action if landlords fail to return their security deposits on time
Legal Recourse for Unreturned Security Deposits.

Let's look at the different steps now:


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1. The formal notice

If your security deposit is not returned, and provided that it has not been used to repair the damage mentioned in the inventory of fixtures or to pay late rent, you can send a letter requesting the return of the security deposit after the inventory of fixtures by registered mail with acknowledgement of receipt, asking the landlord to return your deposit within 10 days. If the landlord still does not return your deposit, you can file a complaint with the local Small Claims Court.


To recover an unreturned security deposit
Procedures for Unreturned Security Deposits.

First step - the formal notice | rental payments


2. Ask the judge for conciliation

After sending your demand letter, the landlord has still not returned your security deposit, you can apply to a conciliator of justice for this apartment rental deposit dispute.


Here again, you will have to send a letter with acknowledgement of receipt to the CDC of the department concerned by the location of the rented apartment.


This is a free procedure for the tenant and the landlord, and a mandatory step if you ever have to go to court.


Depending on the amount owed, it is possible to go directly to a judge, usually for amounts over 5,000 euros.



Applying to a conciliator of justice for apartment rental deposit disputes
Resolving Deposit Disputes: Applying to a Conciliator of Justice.

Final decision - legal advice | Alternative dispute resolution


3. Bringing the case to court

This last step must be carried out within a maximum of three years, not after the departure of the tenant, but from the date on which the deposit should have been returned. The judge can only be seized if the two previous actions mentioned above have not been successful.



Starting from the date the deposit should have been refunded to the tenant
Three-Year Limit for Conciliator of Justice Application.

Tenancy deposit protection scheme | Alternative deposit resolution



In case of delay in returning the security deposit, what are the rights ?

According to the law, the landlord has the obligation to return the security deposit to the tenant within thirty days following the return of the keys, after checking the inventory of fixtures. If the lessor does not respect this deadline, he can be held responsible for damages to the tenant. In addition, the amount of the security deposit cannot exceed three months' rent excluding charges. If the landlord unduly withholds part of the security deposit, the tenant may bring an action before the competent court to order the return of the amount unduly withheld.



The tenant can take legal action to reclaim the withheld amount
Tenant's Rights Regarding Security Deposit and Landlord's Obligations.

Letting agent phone calls | Check your tenancy agreement


If the deposit is not returned, the amount due by the landlord is increased by an amount equivalent to 10% of the amount of the rent excluding charges for each month of delay.


In case the security deposit is not returned
Late Deposit Refund: Landlord Incurs Additional 10% Monthly Charge.


How to Avoid Disputes

If there is a dispute about the condition of the property or the amount of the deposit that is returned, it is important to take steps to resolve the issue quickly. Otherwise, you may have to go to court to get your deposit back. The best way to avoid this situation is to ensure that you carefully document the condition of the property before you move in. That way, there can be no dispute about what damage was present when you moved in and what damage may have occurred during your tenancy.


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To avoid disputes, using a property management agency can be a solution. This way, the agency will take care of the procedures.



Reducing the burden on the landlord and tenant
Property Management Agency: A Solution to Avoid Disputes.

Claim compensation and get your money back | Deposit refund


Conclusion:

Security deposits are an important part of renting a property in France. By law, landlords have 1 month to return a security deposit after the tenant has moved out. If the deposit is not returned within this time, the tenant can take legal action. To avoid any disputes, it is important to understand your rights as a tenant before moving into a property and to keep copies of all relevant documents. When you leave the property, be sure to leave it in good condition and provide your landlord with proof that you have paid for any damages that may have occurred during your tenancy.



Security deposits are crucial when renting in France
Understanding Tenant Rights and Responsibilities Regarding Security Deposits in France.

Tenancy deposit scheme. Owners citizens advice | Deposit protection service


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