The security deposit is one of the most sensitive topics in rental housing. For the tenant, it represents a sometimes significant amount paid upfront at the time the lease is signed. For the owner or landlord, it serves as a financial safeguard to cover potential damage, unpaid rent, or tenant repairs.
When misunderstood or poorly managed, the security deposit can quickly become a source of conflict, particularly at the end of the tenancy when the property is vacated and the amount is refunded. This complete guide helps you understand the applicable rules, legal deadlines, possible deductions, and available remedies to avoid unpleasant surprises.
The security deposit is a sum of money paid by the tenant to the landlord when the rental agreement is signed. It is intended to guarantee the tenant’s obligations throughout the duration of the lease.
Contrary to a common misconception, the security deposit is not an advance on rent. It therefore cannot be freely used by the tenant to pay the last months of rent, unless expressly agreed in writing by the landlord.
The security deposit is therefore directly linked to the property and its condition, while a guarantor represents an external financial commitment.
The amount of the security deposit is regulated by law in order to prevent abuse when renting out a property. It varies depending on the type of rental, and more specifically whether the property is rented unfurnished or furnished.
For unfurnished rentals, the security deposit cannot exceed one month’s rent excluding charges. This limit applies regardless of the type of property, its size, or level of equipment. For furnished rentals, the law allows a higher security deposit, up to two months’ rent excluding charges, in order to cover the furniture and equipment provided to the tenant.
Important: as part of a mobility lease, the landlord is not allowed to request a security deposit.
The security deposit is usually paid at the time the lease is signed, along with the first month’s rent. Its amount must be clearly stated in the rental agreement to avoid any confusion. Payment can be made by bank transfer, check, or any other method agreed upon by both parties. It is strongly recommended to keep proof of payment.
The property inspection report is a central document in the management of the security deposit. It allows the condition of the property at move-in to be compared with its condition at move-out.
A detailed move-in inspection protects the tenant from unjustified deductions when the security deposit is refunded.
Only actual damage, beyond normal wear and tear, can justify a deduction from the security deposit.
Refunding the security deposit is a key step at the end of a tenancy. The law sets specific deadlines that the landlord must respect after the tenant moves out and returns the keys.
When the move-out inspection matches the move-in inspection, the landlord has one month to refund the full security deposit. If differences are noted, particularly in the case of damage, this deadline is extended to two months.
The refund is usually made by bank transfer or by check. In the event of an unjustified delay, the amount owed may be increased by interest for each month of delay started.
The security deposit is not intended to be systematically kept by the landlord. A deduction is only allowed in specific situations and must always be justified.
The landlord may keep part of the amount to cover damage observed that goes beyond normal wear and tear. This may include deterioration of walls, floors, equipment, or furniture in the case of furnished rentals.
Any deduction must be supported by concrete evidence such as estimates, invoices, or photos. Without proof, the deduction may be disputed.
In the event of a disagreement, it is recommended to prioritize an amicable solution. A written exchange often helps clarify the situation and obtain the necessary supporting documents.
If the dispute continues, the tenant may refer the matter to the local conciliation commission, a free service designed to help both parties reach an agreement. As a last resort, legal action may be taken if amicable steps have failed.
Is the security deposit mandatory for rentals?
It is not legally mandatory, but it is almost always requested by landlords. If required, its amount and conditions must be stated in the lease.
Can the security deposit be used to pay the last month’s rent?
No, unless the landlord expressly agrees. If the final rent is not paid, it may be considered unpaid rent.
Is the security deposit refunded in case of damage?
Yes, partially. The landlord may deduct the amount corresponding to justified repairs, but must refund the remaining balance within the legal timeframe.
What happens if the refund is delayed?
The tenant may claim late penalties and send a formal written notice to the landlord.
Does the security deposit have to be placed in a specific bank account?
No, the law does not require a dedicated account, but the amount remains owed to the tenant at the end of the lease.
Can it be used to finance future renovations?
No, only repairs related to confirmed damage can be deducted.
Are the rules different for furnished rentals?
The maximum amount is higher for furnished rentals, but the refund rules and deduction conditions remain the same.
The security deposit is a key element of any rental, whether unfurnished or furnished. When properly regulated and supported by a thorough inspection report, it helps prevent most conflicts.
Transparency, communication, and compliance with legal deadlines are essential to secure the rental relationship. When in doubt, it is always best to formalize each step in writing and keep all documents related to the property.
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