Late return of the security deposit in France: the 10% increase

10% of the monthly rent excluding charges, for each month started after the deadline. The deadline falls one month after the keys are returned if the move-out inspection matches the move-in one, two months otherwise. A single day late opens the first month.

Key points

1 or 2 months — Depending on whether the move-out inspection matches the move-in one.
10% per month started — Of the rent excluding charges. The first month counts from the first day late.
Based on the rent — Not on the amount still owed: the increase can exceed it.

What is the deadline for your deposit?

Rent, amount still to return, date the keys were handed back: the deadline and the increase to date, no sign-up.

Calculate my deadline

When does the period start?§

The period starts on the day the keys are returned, in person or by registered letter. On that day, the tenant gives their new address.

1 month

Inspection matches

The flat is returned as it was let.

2 months

Differences found

Justified amounts can be kept from the deposit.

20%

Apartment building

A provision kept until the annual accounts are approved; the balance follows within a month.

Furnished lettings: same periods, same increase.

What does one day late cost?§

Unfurnished letting at €800 excluding charges, differences at move-out, €150 still to return

30 June 2026
Keys returned. After deductions for repairs, €150 remains to be returned.
30 August 2026
Deadline, two months later. Returned that day: no increase.
31 August 2026
One day late: one month started, €80 increase.
15 Oct. 2026
Deposit returned. Two months started: €160 increase, €310 to pay in total.

The increase (€160) is more than the amount still owed (€150). The law calculates it on the rent, not on the deposit.

Can the increase really exceed the deposit?§

Service-public.fr gives a similar case: €90 still owed, €120 rent, 5 months late, €150 to pay.

When is the increase not owed?§

The tenant did not give their new address
If the delay comes from that, the increase is not owed.
The deposit is returned by the deadline at the latest
On the deadline itself, there is no delay.
The building provision waits for the accounts
Only these 20% can wait for the building’s accounts to be approved; the rest follows the one- or two-month period.

My lease dates from before 2014: does the rule apply too?§

Yes. The 10% increase comes from the Alur law of 24 March 2014. The Cour de cassation ruled on 17 November 2016 that it applies to any request for return made since then, even for a lease signed earlier.

And if the tenant claims?§

1
Amicable step
Up to €5,000: a conciliateur de justice or the departmental conciliation commission, before the judge.
2
Juge des contentieux de la protection
If no agreement is reached, or directly above €5,000.
3
Three years
The time the tenant has to bring the case before the judge.