- French law (Law No. 89-462 of 6 July 1989, Article 22) sets a strict deadline for returning a tenant’s security deposit after move-out.
- The landlord has one month if the exit inventory matches the entry inventory, and two months if it does not.
- Every month of delay past that deadline adds a penalty equal to 10% of the monthly rent, owed to the tenant.
Moving out of a French rental comes with one recurring question for tenants: when does the deposit actually come back? The answer is not left to the landlord’s discretion. French law fixes a deadline, ties it to a simple comparison between two documents, and adds a financial penalty when the landlord misses it. This guide walks through the rule itself, what decides which deadline applies, and what to do if the money does not arrive on time.
1. What the law actually says
The relevant text is Article 22 of Law No. 89-462 of 6 July 1989, the statute that governs unfurnished residential leases in France. It applies whether the landlord is a private individual or a rental agency acting on their behalf, and it covers the deposit paid at the start of the tenancy, commonly called the dépôt de garantie.
The article does two things: it sets the maximum time the landlord may keep the deposit after the tenant moves out and hands back the keys, and it says the deposit does not bear interest while it is held. The deadline is what tenants run into most often, so that is the focus of this guide.
2. One month or two: what decides the deadline
The deadline depends entirely on one comparison: the exit inventory of fixtures (état des lieux de sortie) against the entry inventory (état des lieux d’entrée) signed when the tenant moved in.
2.1 When the one-month deadline applies
If the exit inventory matches the entry inventory, meaning no new damage or missing items are recorded, the landlord has one month from the day the tenant hands back the keys to return the full deposit.
2.2 When the two-month deadline applies
If the exit inventory records differences from the entry inventory, the landlord has two months instead. This extra time is meant to let the landlord assess repair costs before returning the balance of the deposit, not to justify an open-ended delay.
- 1 month : deadline when the exit inventory matches the entry inventory
- 2 months : deadline when the exit inventory records differences
- 10% of monthly rent : penalty owed to the tenant per month of delay past the deadline
- 0% : interest a French security deposit earns while held under Article 22
3. Step by step: getting your deposit back on time
Compare the two inventories before you leave
Walk through the exit inventory line by line against the entry inventory. Any difference is what can trigger the longer two-month deadline, so it is worth checking before you sign.
Give the landlord your new address
The deposit is normally returned by transfer or cheque to the address the tenant provides. Confirm it in writing on the day you hand back the keys.
Count the deadline from the day you hand back the keys
Not from the day you sign the exit inventory, and not from the official end date of the lease. The one or two month clock starts when the keys are physically returned.
Send a formal notice if the deadline passes
If the payment has not arrived once the deadline is reached, a written formal notice (see the template below) starts the 10% monthly penalty running and creates a paper trail.
4. If your landlord is late: a formal notice template
A short, dated letter sent by registered post with acknowledgement of receipt is usually enough to resolve a late deposit. It should state the date the keys were returned, the deadline that applied, and the amount still owed.
[Your name]
[Your address]
[City, date]
[Landlord’s name]
[Landlord’s address]
Subject: Formal notice to return security deposit
Dear [Landlord’s name],
I handed back the keys to the property at [property address] on [date]. Under Article 22 of Law No. 89-462 of 6 July 1989, you were required to return my security deposit of [amount] within [one/two] month(s) of that date, i.e. by [deadline date].
As of today, I have not received this amount. I ask that you return it within eight days of receiving this letter. Beyond that, a penalty of 10% of the monthly rent per month of delay will apply as provided by law.
Yours sincerely,
[Your signature]
5. Frequently asked questions
Can the landlord deduct repair costs from the deposit?
Yes, but only for damage beyond normal wear and tear, and only if it is documented by the exit inventory and backed by supporting evidence such as quotes or invoices.
Does the one or two month deadline include weekends and holidays?
The deadline is expressed in calendar months from the day the keys are returned, not business days.
What if the landlord simply does not respond?
After a formal notice, a tenant can bring the matter before the local conciliation commission (commission départementale de conciliation) or, failing that, the local court, to recover the deposit and the accrued penalty.
Does the deposit earn interest while the landlord holds it?
No. Article 22 specifically states that the deposit does not bear interest during the tenancy.
For more on how this applies to deposits exchanged directly between individuals, see our guides on deposits between individuals, learn how SafeYield works, or visit our dedicated page for individuals. For a wider look at deposit interest rules across Europe, see our article on security deposit interest in Europe.
SafeYield is building a way to hold rental security deposits with a regulated custodian, with both parties able to see the funds and track them in real time. Funds are only released when both the tenant and the landlord agree.
Join the private beta- Loi n° 89-462 du 6 juillet 1989, article 22 (Légifrance)