Security deposit in a residential lease

Verified 10 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

When the tenant uses the accommodation as principal residenceHowever, the landlord can generally demand a security deposit. The security deposit is an amount that the landlord collects, to protect himself from possible future breaches of the tenant's obligations (for example, rental repairs not made). At the end of the lease, and in the absence of default by the tenant, the landlord must return the security deposit. We explain.

The rules applicable to the security deposit are different, depending on whether the dwelling is rented with an empty dwelling lease, or with a furnished dwelling lease:

Empty housing

The owner (or real estate agency) can claim a security deposit in only some cases:

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Rent to be paid in advance each month

The landlord (or real estate agency) may require the payment of a security deposit at the signing of the lease.

The amount of the security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease.

The landlord (or real estate agency) cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.

Rent to be paid in advance every 2 months

The landlord (or real estate agency) may require the payment of a security deposit at the signing of the lease.

The amount of the security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease.

The landlord cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.

Rent to be paid in advance each quarter

The owner is prohibited from requiring a security deposit.

At the time of signing the lease, the owner (or real estate agency) can receive the payment of the security deposit:

When the tenant paid in cash The security deposit, he can require the owner to give him a receipt that proves that the amount given corresponds to the amount of the security deposit.

When the tenant pay by check the security deposit, the owner can cash it.

Please note

At the time of signing the lease, the landlord (or real estate agency) can receive from the tenant the payment of the rent, security deposit and real estate agency fees related to the rental (inventory, visit of the accommodation...). But requiring the tenant to pay other sums to obtain the signature of the lease is prohibited, even if this obligation is provided for by one of the clauses of the lease.

It is up to the owner (or the real estate agency) to return the security deposit to the tenant.

When the dwelling has been sold or transferred free of charge to a new owner during the leaseHowever, it is up to the new owner to return the security deposit to the tenant.

In case of change of real estate agency during the lease, it is up to the new real estate agency to return the security deposit.

It all depends on the situation of the entry and exit inventory:

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Exit inventory in accordance with the entry inventory

What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 1 month.

The period starts from the day on which the tenant returns the keys to the dwelling by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of withholding or provision.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the deductions from the security deposit?

A deduction is an amount that the owner (or the real estate agency) can keep.

This amount may correspond to an amount remaining due by the tenant. For example, it may be unpaid rent or charges, costs related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

What is the provision on the security deposit?

When the dwelling is part of a condominium, the owner (or the real estate agency) must make a provisional statement of expenses. He can keep a provision until the annual approval of the building's accounts. The amount of the provision must be determined on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Exit inventory not in accordance with the entry inventory

What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 2 months.

The period starts from the day on which the tenant returns the keys to the dwelling by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of withholding or provision.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the security deposit deductions?

A deduction is an amount that the owner (or real estate agency) can keep.

This amount corresponds to an amount remaining due by the tenant. For example, it may be unpaid rent or charges, costs related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

What is the provision on the security deposit?

The owner (or the real estate agency) must make a provisional statement of expenses. He can keep a provision until the annual approval of the building's accounts. The amount of the provision must be determined on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Inventory of entry not done

It all depends on the reason why the inventory of the entrance was not made:

By refusal of the owner (formal notice remained ineffective)

When the owner (or real estate agency) refuses to make an inventory of the premises of entry, the tenant must send him a formal notice to do it.

If the landlord (or real estate agency) persists in its refusal despite this formal notice, it will have to prove at the end of the lease that it has given the housing in good condition for use to assert the damage caused by the tenant.

By refusal of the tenant

The tenant is considered to have received the accommodation in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Proof can be provided, for example, by means of photographs taken by a commissioner of justice (paid procedure).

For other repairs (work at the expense of the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

By negligence of the owner and the tenant

The tenant is considered to have received the accommodation in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Proof may be provided, for example, by means of photographs taken by a commissioner of justice (paid approach).

For other repairs (work at the expense of the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

Condition of the amicable exit impossible to do

It is impossible to establish an amicable inventory in each of the following cases:

  • When the tenant or the owner (or the real estate agency) does not go to the appointment of the inventory
  • When the tenant or the owner (or the real estate agency) refuses to make the inventory
  • When the tenant or owner (or real estate agency) refuses to sign the inventory.

Then you have to call on a commissioner of justice (formerly judicial officer and judicial auctioneer) who will take care of the inventory (or rental report). The Commissioner of Justice can be contacted by the landlord or tenant. The costs requested by the commissioner of justice are shared by half between the tenant and the owner (or the real estate agency).

Please note

The Commissioner of Justice's rate for a rental report is regulated. It depends in particular on the place of its intervention (metropolis or Drom: titleContent).

The commissioner of justice notifies the tenant and the owner (or the real estate agency) of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. Even in the absence of the tenant or the owner (or the real estate agency), the commissioner of justice prepares a report (rental report) whose findings are binding on the tenant and the owner (or the real estate agency), without possible dispute.

  • If the tenant is not present at the appointment set by the commissioner of justice, the owner (or the real estate agency) must seize the protection litigation judge the court on which the accommodation depends. The judge will note the tenant's refusal and appoint a justice commissioner to obtain the handover of the keys.
  • If the owner (or real estate agency) is not present at the appointment set by the commissioner of justice, the tenant can return the keys to the owner (or real estate agency) by registered letter with acknowledgement of receipt. In the absence of an inventory of the exit premises, the tenant is considered to have restored the housing in good condition.

If the landlord (or real estate agency) does not return the security deposit within the prescribed period, the tenant must give formal notice the owner (or real estate agency) to return it to him.

The amount of the security deposit to be returned to the tenant is increased by an amount equal to 10% of the monthly rent (excluding charges) for each month of delay started.

CarefulHowever, this penalty does not apply when the delay is caused by the fact that the tenant has not indicated to the owner (or the real estate agency) his new address when handing over the keys.

Example :

For a security deposit of 90 euros, a rent (excluding charges) of 120 euros, and 5 months late:

  • Penalty amount per month of delay: 120 x 10 / 100 = 12 euros
  • Penalty amount for 5 months late: 5 x 12 = 60 euros
  • Total amount due to the tenant for 5 months late: 90 + 60 = 150 euros

To give notice to the landlord (or real estate agency) to return the security deposit and pay the penalty, the tenant must send him a registered letter with acknowledgement of receipt. It can use the following letter template:

Request a refund of the unreturned security deposit

When the landlord (or real estate agency) refuses to return the security deposit despite this registered letter, the tenant must take other steps, which depend on the amount owed by the landlord (or by the real estate agency):

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Less than €5,000

The tenant must take an amicable approach by involving:

This procedure is mandatory in order to be able subsequently, possibly, to refer the matter to the judge.

More than €5,000

The tenant can refer the matter directly to the judge. But he can first engage in an amicable approach by involving a conciliator of justice, the departmental commission of conciliation (CDC) or a civil mediator, and perhaps thus avoid referring the matter to the judge.

Seize the judge directly

The tenant must refer the matter to the protection litigation judge the court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

Initiate an amicable approach, then refer the matter to the judge if necessary

Initiate an amicable approach (optional step) 

Seize the judge

In case of failure of the amicable approach, the tenant must refer the matter to the protection litigation judgethe court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

Furnished accommodation

Warning  

With a mobility lease, the owner is prohibited from claiming a security deposit.

The owner (or real estate agency) can claim a security deposit in only some cases:

Répondez aux questions successives et les réponses s’afficheront automatiquement

Rent to be paid in advance each month

The landlord (or real estate agency) may require the payment of a security deposit at the signing of the lease.

The amount of the security deposit must not exceed 2 months of rent (excluding charges), and it must be indicated in the lease.

The landlord (or real estate agency) cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.

Rent to be paid in advance every 2 months

The landlord (or real estate agency) may require the payment of a security deposit at the signing of the lease.

The amount of the security deposit must not exceed 2 months of rent (excluding charges), and it must be indicated in the lease.

The landlord (or real estate agency) cannot increase the amount of the security deposit during the lease, or at the renewal of the lease.

Rent to be paid in advance each quarter

The owner (or real estate agency) is prohibited from claiming a security deposit.

At the time of signing the lease, the owner (or real estate agency) can receive the payment of the security deposit:

When the tenant paid in cash The security deposit, he can require the owner to give him a receipt that proves that the amount given corresponds to the amount of the security deposit.

When the tenant pay by check the security deposit, the owner can cash it.

Please note

At the time of signing the lease, the landlord (or real estate agency) can receive from the tenant the payment of the rent, security deposit and real estate agency fees related to the rental (inventory, visit of the accommodation...). But requiring the tenant to pay other sums to obtain the signature of the lease is prohibited, even if this obligation is provided for by one of the clauses of the lease.

It is up to the owner (or the real estate agency) to return the security deposit to the tenant.

When the dwelling has been sold or transferred free of charge to a new owner during the leaseHowever, it is up to the new owner to return the security deposit to the tenant.

In case of change of real estate agency during the lease, it is up to the new real estate agency to return the security deposit.

It all depends on the state of entry and exit:

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State of exit in accordance with the state of entry

Charges paid on a flat-rate basis
What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 1 month.

The period starts from the day on which the tenant returns the keys to the dwelling by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the deductions from the security deposit?

A deduction is an amount that the owner (or real estate agency) can keep.

This amount corresponds to an amount remaining due by the tenant. For example, it may be unpaid rent, charges, occupancy allowance, or expenses related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

Expenses paid by provisions with annual regularization
What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 1 month.

The period starts from the day on which the tenant returns the keys to the dwelling by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of withholding or provision.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the deductions from the security deposit?

A deduction is an amount that the owner (or the real estate agency) can keep.

This amount may correspond to an amount remaining due by the tenant. For example, it may be unpaid rent or charges, costs related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

What is the provision on the security deposit?

When the dwelling is part of a condominium, the owner (or the real estate agency) must make a provisional statement of expenses. He can keep a provision until the annual approval of the building's accounts. The amount of the provision must be determined on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Exit inventory not in accordance with the entry inventory

Charges paid on a flat-rate basis
What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 2 months.

The period starts from the day on which the tenant returns the keys of the dwelling to the owner (or to the real estate agency) by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions.

What are the deductions from the security deposit?

A deduction is an amount that the owner (or real estate agency) can keep.

This amount corresponds to an amount remaining due by the tenant. For example, it may be unpaid rent or charges, costs related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

Expenses paid by provisions with annual regularization
What is the deadline to return the security deposit?

At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum period of 2 months.

The period starts from the day on which the tenant returns the keys to the dwelling by one of the following means:

  • Either in person
  • Either by registered letter with acknowledgement of receipt

The amount returned to the tenant may be lower the amount paid by the tenant, because of withholding or provision.

Please note

When handing over the keys, the tenant indicates to the owner (or to the real estate agency) his new contact details (new address, RIB).

What are the security deposit deductions?

A deduction is an amount that the owner (or real estate agency) can keep.

This amount corresponds to an amount remaining due by the tenant. For example, it may be unpaid rent or charges, costs related to damage or undone rental work.

In case of detention, the owner (or the real estate agency) must give the tenant supporting documents. For example, it can be the following documents: inventory of entry and exit, photos, statement made by a commissioner of justice (formerly statement of judicial officer), invoices or work estimates, letter of claim of unpaid rents remained unanswered...

The tenant can challenge the deductions. It can use the following template letter:

Tenant: dispute the invoice for the rehabilitation work of his former dwelling

What is the provision on the security deposit?

The owner (or the real estate agency) must make a provisional statement of expenses. He can keep a provision until the annual approval of the building's accounts. The amount of the provision must be determined on the basis of supporting documents. It must not exceed 20% the amount of the security deposit.

Within one month after the final approval of the building's accounts, the owner (or real estate agency) must make the final adjustment of the expense accounts and return the balance to the tenant.

FYI  

The tenant and the landlord (or real estate agency) can agree to immediately settle all accounts without waiting for the approval of the building's accounts.

Inventory of entry not done

It all depends on the reason why the inventory of the entrance was not made:

By refusal of the owner (formal notice remained ineffective)

When the owner (or real estate agency) refuses to make an inventory of the premises of entry, the tenant must send him a formal notice to do it.

If the landlord (or real estate agency) persists in its refusal despite this formal notice, it will have to prove at the end of the lease that it has given the housing in good condition for use to assert the damage caused by the tenant.

By refusal of the tenant

The tenant is considered to have received the accommodation in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Proof can be provided, for example, by means of photographs taken by a commissioner of justice (paid procedure).

For other repairs (work at the expense of the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

By negligence of the owner and the tenant

The tenant is considered to have received the accommodation in good condition rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Proof may be provided, for example, by means of photographs taken by a commissioner of justice (paid approach).

For other repairs (work at the expense of the lessor or dilapidated of the premises), it is up to the owner (or the real estate agency) to demonstrate that they are attributable to the tenant.

Condition of the amicable exit impossible to do

It is impossible to establish an amicable inventory in each of the following cases:

  • When the tenant or the owner (or the real estate agency) does not go to the appointment of the inventory
  • When the tenant or the owner (or the real estate agency) refuses to make the inventory
  • When the tenant or owner (or real estate agency) refuses to sign the inventory.

Then you have to call on a commissioner of justice (formerly judicial officer and judicial auctioneer) who will take care of the inventory (or rental report). The Commissioner of Justice can be contacted by the landlord or tenant. The costs requested by the commissioner of justice are shared by half between the tenant and the owner (or the real estate agency).

Please note

The Commissioner of Justice's rate for a rental report is regulated. It depends in particular on the place of its intervention (metropolis or Drom: titleContent).

The commissioner of justice notifies the tenant and the owner (or the real estate agency) of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. Even in the absence of the tenant or the owner (or the real estate agency), the commissioner of justice prepares a report (rental report) whose findings are binding on the tenant and the owner (or the real estate agency), without possible dispute.

  • If the tenant is not present at the appointment set by the commissioner of justice, the owner (or the real estate agency) must seize the protection litigation judge the court on which the accommodation depends. The judge will note the tenant's refusal and appoint a justice commissioner to obtain the handover of the keys.
  • If the owner (or the real estate agency) is not present at the appointment set by the commissioner of justice, the tenant can return the keys to the owner (or the real estate agency) by registered letter with acknowledgement of receipt. In the absence of an inventory of the exit premises, the tenant is considered to have restored the housing in good condition.

If the landlord (or real estate agency) does not return the security deposit within the prescribed period, the tenant must give formal notice the owner (or real estate agency) to return it to him.

The amount of the security deposit to be returned to the tenant is increased by an amount equal to 10% of the monthly rent (excluding charges) for each month of delay started.

CarefulHowever, this penalty does not apply when the delay is caused by the fact that the tenant has not indicated to the owner (or the real estate agency) his new address when handing over the keys.

Example :

For a security deposit of 90 euros, a rent (excluding charges) of 120 euros, and 5 months late:

  • Penalty amount per month of delay: 120 x 10 / 100 = 12 euros
  • Penalty amount for 5 months late: 5 x 12 = 60 euros
  • Total amount due to the tenant for 5 months late: 90 + 60 = 150 euros

To give notice to the landlord (or real estate agency) to return the security deposit and pay the penalty, the tenant must send him a registered letter with acknowledgement of receipt. It can use the following letter template:

Request a refund of the unreturned security deposit

When the landlord (or real estate agency) refuses to return the security deposit despite this registered letter, the tenant must take other steps, which depend on the amount owed by the landlord (or by the real estate agency):

Répondez aux questions successives et les réponses s’afficheront automatiquement

Less than €5,000

The tenant must take an amicable approach by involving:

This procedure is mandatory in order to be able subsequently, possibly, to refer the matter to the judge.

More than €5,000

The tenant can refer the matter directly to the judge. But he can first engage in an amicable approach by involving a conciliator of justice, the departmental commission of conciliation (CDC) or a civil mediator, and perhaps thus avoid referring the matter to the judge.

Seize the judge directly

The tenant must refer the matter to the protection litigation judge the court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

Initiate an amicable approach, then refer the matter to the judge if necessary

Initiate an amicable approach (optional step) 

Seize the judge

In case of failure of the amicable approach, the tenant must refer the matter to the protection litigation judgethe court on which the accommodation depends.

The court must be seised within 3 years from the day on which the security deposit should have been returned.

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