Recovering your rental deposit in France: deadlines, 10% penalty, letter

Quick answer

In France, the landlord must return your security deposit (dépôt de garantie) within 1 month of you handing back the keys if the exit inventory matches the entry one, or within 2 months if there are deductions for damage. Past that, under loi ALUR (art. 22 of the law of 6 July 1989), the deposit owed is increased by 10% of the monthly rent (excluding charges) for each month started late — automatically, with no formal notice required. To claim it, send a registered AR letter; if it stays unpaid, a formal notice (mise en demeure) then the court.

The security deposit is the tenant's money — the landlord only holds it. Yet late or partial returns are one of the most common rental disputes in France. The law is firmly on your side; here is how to get it back.

1. The legal deadlines

The clock starts the day you hand back the keys (in person or by registered AR) to the landlord or their agent.

• 1 month if the exit inventory (état des lieux de sortie) matches the entry inventory — no damage, nothing to deduct.
• 2 months if the landlord justifies deductions for damage, unpaid rent or charges.

The landlord may deduct only justified sums (quotes, invoices, the inventories). In a co-owned building, they may keep a provision of up to 20% until the annual building accounts are settled, then return the balance.

2. The 10% monthly penalty

This is your strongest lever. Under article 22 of the loi du 6 juillet 1989 (reinforced by loi ALUR):

• For each month started late, the deposit owed is increased by 10% of the monthly rent excluding charges.
• The penalty runs automatically from the day after the deadline — no formal notice is required to make it due.
• Exception: it is not owed if the late return is caused by your failure to give the landlord your new address. So always provide it.

Example: rent of €800 excl. charges, deposit returned 3 months late → penalty of 3 × €80 = €240 on top of the deposit.

3. Step 1 — the registered claim letter

Start with a clear, dated demand by registered AR:

Subject: Return of the security deposit — [rental address]

Dear Sir or Madam,

I handed back the keys to the property at [address] on [date]. The exit inventory was [conform / with the following reservations].

The legal deadline for returning my deposit of €[amount] has now passed. I therefore ask you to return it without delay, increased, where applicable, by the penalty of 10% of the monthly rent per month started late, as provided by article 22 of the law of 6 July 1989.

My new address is [address] and my bank details (RIB) are attached for the transfer.

Yours faithfully,

[Date — Signature]

Attach a RIB and state your new address — this removes the landlord's only excuse and the penalty exception.

4. Step 2 — formal notice (mise en demeure)

If the registered letter goes unanswered, send a formal notice (mise en demeure) — a firmer registered AR letter setting a final deadline (e.g. 8 days) and announcing legal action. It is also the document that starts default interest. See our guide on the formal notice template.

5. Step 3 — escalate

• Commission départementale de conciliation (CDC): free, amicable, specialised in rental disputes — a good step before court.
• Injonction de payer before the tribunal judiciaire: a simplified procedure to obtain a payment order for a clear debt like an unreturned deposit.
• For amounts up to €5,000, the small-claims route is fast and does not require a lawyer.

6. Why registered AR matters

• The key handover itself should be evidenced (registered AR or signed inventory) — it sets the start of the 1 or 2-month deadline.
• The AR claim letter proves the date you demanded the deposit, which the court and the conciliation commission will ask for.
• It is the indispensable basis for the injonction de payer.

You live abroad or have already left France? MaisonMail can print and dispatch your claim or formal-notice letter to the landlord using an available registered service. The origin market, timing, tracking and return-receipt options are confirmed before payment.

7. Common mistakes

• Not giving your new address: you lose the 10% penalty exception and slow everything down.
• Accepting vague deductions with no quotes or invoices — the landlord must justify each one.
• Claiming by phone or email only: no provable date for the court.
• Waiting too long: the action to recover the deposit is time-barred after 3 years.
• Forgetting the penalty: many tenants claim only the deposit and leave the 10% per month on the table.

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Bottom line: your deposit must come back within 1 or 2 months, and every late month adds 10% of the rent — automatically. A registered AR claim with your new address and RIB, followed if needed by a formal notice and the conciliation commission or an injonction de payer, is the proven path. The receipt dates are what make the penalty and the court action stick.