When you are preparing to sign a lease agreement for a furnished property in France, the question of the initial budget is often crucial for tenants, whether they are French or foreign residents discovering the specificities of French legislation. Among the costs to anticipate, the security deposit is at the top of the list, representing a often significant sum of money to advance to the landlord before receiving the keys. In a furnished rental, the law allows the landlord to require up to two months of rent excluding charges—a specific rule that differs from unfurnished rentals and regularly raises questions, or even disputes. This reference article decodes all the legal rules, practical calculations, and essential remedies to help you fully master the subject of security deposits in furnished rentals.
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The security deposit, often incorrectly referred to as "caution" in everyday language (in French law, the caution actually refers to the guarantor—the physical or legal person who co-signs to guarantee the tenant's debts), is strictly regulated by French law. For properties rented furnished as a primary residence, the rules of the game are set by Law No. 89-462 of 6 July 1989 aimed at improving rental relations, and more specifically its Article 25-6 (introduced by the ALUR Law of 2014).
According to Article 25-6 of the Law of 6 July 1989, when the rental contract concerns a furnished property, the amount of the dépôt de garantie (security deposit) cannot exceed two months of principal rent (meaning excluding recoverable service charges).
By comparison, for an unfurnished (empty) rental, this amount is strictly limited to one month of rent excluding charges (Article 22 of the same law). This difference in treatment is explained by the presence of furniture and household appliances made available to the tenant in a furnished property, which represents a higher financial risk for the landlord in the event of damage.
There are specific situations where the landlord cannot legally demand a security deposit:
The purpose of the security deposit is to guarantee the performance of the tenant's rental obligations. It serves to cover:
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To fully understand how this two-month limit applies, let us look at two concrete situations.
Marie signs a lease for a furnished studio in Lyon. The monthly rent is set at 800 €, to which is added a provision for service charges of 80 €, making a monthly total of 880 €.
John arrives from the United States to study in Paris. He rents a furnished apartment for a rent of 1,200 € per month, charges included (which includes 150 € of flat-rate non-recoverable charges). The rent excluding charges is therefore 1,050 €.
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Managing the security deposit requires following a rigorous process to avoid any future disputes. Here are the 5 key steps to respect.
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[Step 1: Signing and Payment] ──> [Step 2: Move-in Inventory] ──> [Step 3: During the Lease] ──> [Step 4: Move-out Inventory] ──> [Step 5: Return and Receipts]
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The amount of the security deposit must be explicitly mentioned in the furnished rental lease agreement. Its payment is generally made at the time of signing the contract. The tenant can pay by cheque, bank transfer, or in cash (only if the amount is less than 1,000 €, in accordance with Article L112-6 of the Code monétaire et financier—the French Monetary and Financial Code). The landlord must provide a written receipt to the tenant if the latter requests it.
This is a crucial step. The tenant and the landlord (or their agent) must draw up a joint, detailed état des lieux d'entrée (move-in inventory of fixtures), room by room, as well as a precise inventory of the furniture (condition of beds, dishes, sofa, operation of appliances). Every detail counts: a scratch on a parquet floor or an unreported stain on a sofa could be blamed on the tenant upon departure.
Throughout the duration of the rental, the landlord keeps the money paid. Unlike in some other countries, French law does not require this money to be placed in a blocked escrow account (unless specifically agreed otherwise). The landlord can therefore use it, but must be able to return the exact sum when the tenant departs.
When the keys are returned by the tenant at the end of the lease, an état des lieux de sortie (move-out inventory of fixtures) is carried out in the same format as the move-in one. The comparison of these two documents will determine if the landlord is entitled to make deductions from the security deposit.
The landlord has a strict legal deadline to return the money (see details below). If they decide to retain part or all of the security deposit to cover repairs or unpaid bills, they must provide objective supporting documents to the tenant: contractor estimates (devis), invoices for the purchase of replacement materials, comparative photos, or formal demand letters for unpaid rent. A simple visual observation or an arbitrary estimate by the landlord is not sufficient.
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The Code de la construction et de l'habitation (French Construction and Housing Code), combined with the Law of 6 July 1989 (Article 22), strictly regulates the timeline for returning the security deposit.
| Situation Observed Upon Departure | Legal Deadline for Return |
| :--- | :--- |
| Move-out inventory matches the move-in inventory (no damage observed) | 1 month maximum from the return of the keys |
| Move-out inventory does not match (damage observed, repairs needed) | 2 months maximum from the return of the keys |
If the property is located in a copropriété (co-owned building/condominium), the landlord can retain a maximum provision of 20% of the security deposit amount until the annual approval of the building's accounts. This temporary retention allows for the precise reconciliation of rental service charges. The remaining balance must be returned within the month following the definitive approval of the building's accounts.
The law strongly protects tenants against the abusive retention of the security deposit by landlords. If the landlord does not return the sums due within the required timeframe (1 or 2 months depending on the case), the remaining security deposit amount owed to the tenant is automatically increased by a sum equal to 10% of the monthly principal rent for each commenced month of delay.
Please note: This 10% increase does not apply if the delay is caused by the tenant (for example, if they failed to provide their new postal address to the landlord).
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For both tenants and landlords, certain classic mistakes can turn the end of a lease into a long and costly legal conflict.
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No. The amount of the security deposit is permanently fixed when the lease agreement is signed. Even if the rent is revised annually in accordance with the Indice de Référence des Loyers (IRL—the official Rent Reference Index), the landlord does not have the right to demand an additional security deposit during the lease, nor during its tacit renewal.
If the legal deadline has passed and the landlord remains silent or refuses to pay without justification, you must follow an amicable and then judicial procedure:
1. Send a formal demand letter (mise en demeure) via registered mail with acknowledgment of receipt (lettre recommandée avec accusé de réception - LRAR) demanding the return of the sum, increased by the 10% late payment penalties.
2. Refer the matter free of charge to the Commission Départementale de Conciliation (CDC—the Departmental Conciliation Commission) to try to find an amicable agreement.
3. If conciliation fails, bring the case before the Juge des contentieux de la protection (Protection Litigation Judge) at the local Tribunal de proximité (local court) governing the property, within 3 years from the day the security deposit should have been returned.
The law distinguishes normal wear and tear (known as vétusté) from accidental damage or lack of maintenance. Vétusté corresponds to the wear of time (a sofa whose fabric fades in the sun, paint that dulls after 5 years). Costs related to vétusté are exclusively the responsibility of the landlord. The security deposit can only be retained for damage caused by the tenant (a hole in a wall, a cigarette burn on a mattress, a broken piece of furniture).
Yes, absolutely. The security deposit can be paid by the tenant themselves, by a third party (a parent, a guarantor), or by social assistance organizations. For example, Action Logement offers the Avance Loca-Pass, a zero-interest loan that finances the payment of the security deposit, which the tenant can repay over several months.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.