France Lease Deposit Rules FAQ (Loi 89-462)

The dépôt de garantie is the single most-disputed clause in French residential leases. Loi 89-462 art. 22 sets the cap, the lifecycle, and the return penalties. This FAQ tackles the fifteen questions tenants and landlords ask most, with article numbers throughout.

1. What is the maximum deposit?

Under Loi 89-462 art. 22:

• Bail nu (unfurnished): 1 month rent (hors charges).
• Bail meublé (furnished): 2 months rent (hors charges) under art. 25-6.
• Bail mobilité: 0 — strictly prohibited under art. 25-14.

“Hors charges” means excluding charges récupérables — the cap applies to base rent only.

Source: https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000028806696/2014-03-27

2. Can the landlord ask for more if I have weak credit?

No. The cap under art. 22 is absolute. Excess is automatically due back; tenant may demand refund + interest at the legal rate. Landlord may instead ask for additional guarantees (Visale, parental guarantee under art. 22-1) — but never a higher deposit.

3. When must the deposit be returned?

Under art. 22 al. 5:

• 1 month if the exit état des lieux is concordant with the entry (no damage, no withholding);
• 2 months if there is any discrepancy — landlord must justify any withholding (invoices, estimates).

Each month of delay beyond the legal deadline triggers an automatic +10% of monthly rent penalty under art. 22 al. 9.

4. Can the landlord deduct unpaid charges from the deposit?

Yes, but with conditions. Under art. 22 al. 4, the landlord may withhold:

• Reasonable amounts for tenant-attributable damage (locative repairs — Décret 87-712);
• Unpaid charges with documentary proof;
• Reasonable amount (max 20% of deposit) for provisional retention pending the régularisation annuelle of charges (mandatory under art. 23).

The remaining 80% must be returned within the legal 1- or 2-month deadline. The provisional 20% is returnable within 1 month of the annual charges reconciliation.

5. Does the deposit earn interest?

No. Under art. 22 al. 2, the deposit is non-interest-bearing during the lease.

6. Can the landlord index the deposit on the IRL?

No. Under art. 22 al. 2, the deposit cannot be revised during the lease. It is fixed at the signature amount, regardless of subsequent rent indexation.

7. What if I lose the receipt?

The landlord must return the deposit regardless of the tenant’s possession of the receipt. The proof of the deposit is the lease itself (which mentions the deposit amount under art. 3) and the bank transaction record (Code civil art. 1376).

8. Can the deposit be paid in cash?

Yes, but the landlord must issue a written receipt. Best practice: bank transfer with a clear “dépôt de garantie bail [address]” reference. The Loi Macron 2015 caps cash payments to consumers at €1,000, but this applies to commercial relationships, not housing leases.

9. The landlord wants to keep the deposit because the apartment “wasn’t clean enough” — is that legal?

Under art. 22 al. 4, the landlord may withhold for damage attributable to the tenant beyond fair wear and tear. “Not clean enough” is generally tenant-attributable only if specifically substantiated:

• The exit état des lieux must show specific cleaning issues compared to entry;
• Photographs are best evidence;
• Cleaning invoices for re-letting are reasonable amounts to deduct.

Pure “general cleanliness” without supporting evidence is not a valid withholding ground. Tenant may challenge before the Commission Départementale de Conciliation (CDC) under art. 20 — free, no lawyer required.

10. Can the deposit be paid by a third party (parents, employer)?

Yes. The deposit may be paid by anyone — typically a parent of a student tenant. The receipt should identify the payer to avoid future return-of-funds disputes.

The third party is not automatically a guarantor. Guarantor status requires a separate acte de cautionnement under art. 22-1.

11. What is Visale and how does it interact with the deposit?

Visale is a free state-backed guarantee scheme operated by Action Logement. It covers up to 36 months of unpaid rent for the landlord. Visale is separate from the dépôt de garantie — both can be required simultaneously.

For a tenant who qualifies, Visale replaces the need for a personal guarantor (parents, employer). Eligibility: 18–30 years old, OR new salaried role, OR mobility programme. Application via https://www.visale.fr/.

Source: https://www.tenancy.govt.nz/ — equivalent NZ scheme; for France: https://www.service-public.fr/particuliers/vosdroits/F35109

12. The lease ended but the landlord won’t return the deposit — what do I do?

Three escalation steps:

1. Send a registered letter (LR/AR) demanding return + the 10% per-month penalty under art. 22 al. 9. Cite the article and deadline.
2. Apply to the CDC under art. 20 — free conciliation; landlord summoned within 2 months. The CDC’s conciliation report is admissible in subsequent litigation.
3. Apply to the tribunal judiciaire under Code procédure civile art. 847-2 — chambre des baux. Proceedings are simplified; representation by lawyer not mandatory if claim < €10,000.

13. What if the tenant damaged the property?

The landlord must:

• Document damage in the exit état des lieux contradictoirement;
• Obtain repair estimates or invoices;
• Apply the vétusté principle — accounting for normal wear and tear (Décret n°87-712 lists locative repairs that are tenant’s responsibility; everything else is landlord’s).

The amount withheld must be proportional and substantiated. Pure flat amounts (“we always withhold €500”) are not enforceable.

14. Can the deposit be used for the last month’s rent?

No. The dépôt de garantie is not rent. Tenant who decides to “skip” the last month’s rent and let the deposit cover it remains liable for the rent — and the landlord is entitled to withhold the deposit for actual damages plus pursue the unpaid rent separately.

This is one of the most common tenant errors. The deposit is for end-of-lease damages and unpaid charges; rent must be paid up to the lease end date.

15. Does the deposit transfer to a new landlord if the property is sold?

Yes. Under art. 22 al. 6, the new landlord becomes the holder of the deposit upon transfer of ownership. The seller must transfer the deposit funds to the buyer at completion (acte de vente). The tenant is informed via art. 15 (notice obligations on sale).

If the deposit was not transferred, the tenant retains a claim against the seller — but practically should claim from the new landlord, who has standing to claim against the seller via the acte de vente.

Bonus — Common Disputes

• Tenant left key without état des lieux de sortie — landlord may unilaterally draft an exit inspection, but it has limited evidential value. Tenant may challenge before CDC.
• Tenant disputes a single line item — landlord must justify each item separately; lump-sum withholding is not admissible.
• Repair invoice paid for “cleaning + paint” — paint after a 5-year tenancy is typically vétusté (landlord’s responsibility); cleaning is tenant’s.
• Landlord delays return citing “annual charges to reconcile” — landlord may withhold up to 20% provisionally; the rest must be returned in the legal deadline.
• Cautionnement acted on the deposit return — the guarantor’s liability is for unpaid rent, not for the deposit return. Two distinct obligations.

Bonus — The 10% Penalty in Practice

The +10% per month penalty under art. 22 al. 9 is automatic. A monthly rent of €1,200 means €120 per started month of delay. After 6 months delay, the penalty is €720 — typically more than the deposit itself.

Tribunals apply the penalty mechanically; landlords frequently lose more on the penalty than they gained on the contested withholding. The lesson for landlords: return on time, even if disputed; pursue the disputed amount separately.

The deposit regime under art. 22 is one of the most tenant-protective in Europe. Landlords who treat it as flexible cash flow find themselves losing more than they save.

Create your French residential lease with Scrib🐮

Skip the paperwork. Generate your bail nu, bail meublé, or bail mobilité in minutes. ¥22,000/month pass for unlimited access to all 18 document types across 7 countries. Start Free Preview →

Disclaimer

Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not avocats, notaires, or any French regulated profession.

Sources

1. Loi 89-462 art. 22 (deposit) — https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000028806696/2014-03-27
2. Loi 89-462 art. 22-1 (cautionnement) — https://www.legifrance.gouv.fr/loda/article_lc/LEGIARTI000044073458
3. Loi n°89-462 du 6 juillet 1989 — https://www.legifrance.gouv.fr/loda/id/JORFTEXT000000509310
4. Service-public — bail vide rédaction — https://www.service-public.fr/particuliers/vosdroits/F35109
5. Décret n°2015-587 (contracts types) — https://www.legifrance.gouv.fr/loda/id/JORFTEXT000030649868