You are a tenant and you have left your home for several weeks. What if your landlord does not want to return your deposit after the inventory of the rental accommodation? Several cases of figures arise. We explain the procedure to follow as a tenant to obtain the return of your security deposit by the lessor following a rental.
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What is the deposit or security deposit
The security deposit, also known as a security deposit, is often requested at the time of signing the lease contract, in the form of a cheque, cashed or not. It usually represents one month’s rent excluding charges and is used to cover specific cases.
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After inspection of the accommodation and inventory, your owner may consider that it is entitled to withhold all or part of your security deposit, especially in case of damage, rent or unpaid charges, uninsured routine maintenance. A lessor may also retain all or part of the surety if the state of exit differs from the state of exit.
The lessor’s decision must be duly justified and must prove that the condition of the dwelling is damaging to him.
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But here you believe that this decision of non-restitution is not justified as a result of your inventory? What procedure to follow and what remedies are possible to recover your deposit after a rental?
The time limit for the return of a Warranty
The law is clear on this subject: your owner must return your deposit (if restitution there is) within 2 months after handing over the keys . Deduction is made of amounts payable (unpaid, repairs, etc.).
On the other hand, if there is no deterioration in the apartment or house and if your lease was signed after March 2014, this legal period is reduced to one month . Being able to recover your money becomes less difficult to live, but only in some cases.
The delivery of keys
You must have dated proof of the delivery of the keys : show it on the state of exit or send the keys by registered letter with acknowledgement of receipt to your owner. The postmark of La Poste will be authentic: the date of receipt of the letter means the correct delivery of the keys.
Attention : don’t forget to give the address of your new home to your owner, this will save you from unnecessary questions.
Deposit: the various situations that may impact you
Several cases then arise:
- After the deadline, you have no reply or news and you have not been able to recover your deposit
- Your landlord simply refuses to give you your deposit
Exceeding the time limit for the return of the security deposit
The tenant can give notice to the landlord , by registered letter with AR. You remind your landlord that he must return your deposit as soon as possible following the inventory of the apartment.
Refusal to return the bond
The tenant of the property can apply to a conciliation commission . A registered letter with AR will have to be sent to the commission with the documents: places of entry, inventory of places of exit, lease, etc. This procedure, which is a right, is free of charge.
If the proceedings do not come amicably , the dispute may be brought before the law. A local court or court will accompany you if the costs incurred are less than 4000 euros. Otherwise, the Magistrate Court will take care of it.
Consultation with a bailiff, lawyer or legal aid can also be useful (housing law associations, etc.).