Le non remboursement du dépôt de garantie, usuellement et improprement appelé « caution » est une cause fréquente de litige entre le bailleur et le locataire, parfois chacun de bonne foi. 

The rule is that the tenant must take care of the dwelling and maintain it, at least as far as maintenance and rental repairs are concerned.

If it turns out that the tenant has failed to meet this obligation, the lessor may then deduct from the security deposit the costs actually incurred to carry out the said repairs. It will be up to the owner to justify on the one hand the deterioration of his property by the tenant, and on the other hand the cost of the repairs by producing invoices or at least estimates.

In order to justify the reality of the damage caused by the lessee, the owner will have taken care to make an inventory of fixtures at the entrance and exit. If this inventory of fixtures can be drawn up between the parties, or through a real estate agent, we cannot advise too much to call upon a bailiff. Indeed, since the Béteille law N° 2010-1609 of December 22nd, 2010, the bailiff's reports are considered as absolute proof, and are binding on magistrates until proven otherwise, contrary to the inventories drawn up by real estate agencies or private companies.

However, if a tenant considers that the security deposit should not have been retained by the landlord, the rule on this matter should be recalled.

Since the ALUR law of 2014 and the Macron law, the rules have indeed been modified. To put it simply, the law distinguishes two cases:
- The time limit for returning the security deposit in case of an exit condition in conformity with the entry condition is reduced to one month.
- The deadline for returning the balance of the security deposit in the event of repairs to be carried out remains set at two months.

Thus, after two months, the tenant is supposed to know, no matter what happens, why the security deposit is not returned.

In the absence of this information, or in the event of disagreement on the reality of the damage which would be ascribable to him, the tenant must give formal notice to his owner to return his security deposit. This formal notice can be made by registered mail with acknowledgement of receipt or by a bailiff's act.

In the absence of an answer, the tenant may refer the matter to the local magistrate (or the Tribunal d'Instance if his security deposit is more than 4000 euros!). He can act by declaration to the clerk's office or by an order to pay. In the latter case, the local magistrate will study his file on the basis of documents and will give a decision without even hearing the owner.
Our office can take care of these procedures.

Good to know: The landlord may be ordered to pay damages and an indemnity of 10% of the rent excluding charges for each month of delay.