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The lessor owner can claim the payment of a security deposit from the tenant when signing the lease. He must return it to him at the end of the lease, subject to any deduction of rental debts still to be paid.
The security deposit is a sum of money paid by the tenant to the owner when concluding a rental. Intended to guarantee the proper performance of its obligations by the tenant, it must be expressly provided for in the rental contract and it is payable when it is signed. Its amount is strictly regulated by law when the rental relates to accommodation rented for use as a main residence.
In the event of an empty rental, it cannot exceed one month's rent excluding charges. However, no security deposit can be claimed if the rent is payable in advance quarterly or over a longer period. The lessor can nevertheless claim one later, if the tenant asks to pay his monthly rent during the lease.
In the case of a furnished rental, the security deposit cannot exceed two months' rent excluding charges. However, the lessor cannot require one if he rents furnished accommodation under a “mobility lease” for a fixed period of between one and ten months.
The amount of the security deposit cannot be increased by the lessor during the lease or when it is renewed, even if the amount of the rent increases. Conversely, the tenant cannot demand that the security deposit produce interest for his benefit during the term of the lease, even if the lessor places the money received in a savings product.
Namely: non-payment of the security deposit may result in the implementation of the termination clause included in the rental contract. The lessor may send an order to pay to the lessee (and to the person who has acted as joint surety, if applicable) by bailiff, and if the latter (or the surety) does not pay the security deposit within two months, his lease is automatically terminated.
The law also sets the deadline within which the lessor must reimburse the security deposit at the end of the lease. He must return it to the tenant within a maximum period of one month from the handing over of the keys when the exit inventory of fixtures is in conformity with the entry inventory of fixtures, and within a maximum of two months when the two states of affairs are different. In both cases, the lessor may deduct from the sum to be repaid the debts which remain due from the tenant at the end of the lease (unpaid rent, rental charges, costs of repairing the accommodation), if he is able to justify.
In the event of the rental of an apartment located in a condominium building, the lessor may also keep 20% of the security deposit until the annual closing of the building's accounts. This balance must then be returned to the tenant within one month of the approval of the accounts by the general meeting of co-owners, subject to any deduction of rental charges still to be paid. However, the lessor and lessee may agree to settle the rental accounts definitively at the end of the lease, without waiting for the approval of the building accounts for the current financial year.
If the lessor does not respect the legal deadline for returning the security deposit, the tenant may demand the payment of a penalty equal to 10% of the rent for each month of delay started. However, this penalty is not due when the delay in reimbursement is due to the non-communication by the tenant of his new address.
In the event of the sale of the rented property, the return of the security deposit is the responsibility of the new owner, not the former. Any clause to the contrary concluded between the buyer and the seller is unenforceable against the tenant in place. The same applies in the event of transfer free of charge of the rented property, by donation or inheritance. It is up to the donee or the heir who has become the owner to reimburse the security deposit when the tenant leaves.
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