When leaving a property, you return the keys and wait. Sometimes a week, sometimes two months. The timeframe for the refund of the security deposit depends on what comes out of the exit inspection, and that’s where most blockages begin. Understanding the concrete mechanisms can help avoid unnecessary follow-ups and recover your security deposit on time.
Property Transfer and Refund: Who Should Refund the Deposit
A common scenario that is often poorly anticipated: the owner sells the property during the rental period. The tenant finds themselves facing a new landlord they have never met, and the question arises: who refunds the security deposit?
In recent legal developments regarding Article 22 of the law of July 6, 1989, the refund of the security deposit may fall to the new landlord in the event of a sale or transfer of the premises. The former owner is therefore not systematically your contact when claiming the amount.
In practice, many tenants send their claim letter to the former owner, who responds that they are no longer concerned. The new landlord may not even be aware of the amount originally paid.
To avoid this ping-pong, it is better to request in writing, as soon as the sale notification is received, a confirmation of the transfer of responsibility for the security deposit to the new owner. To better understand the subtleties of this process, consult the page dedicated to the Total security deposit refund timeframe.
Exit Inspection: The Document That Triggers the Legal Timeframe
The timeframe for the refund of the security deposit does not start from the day the keys are returned. It begins on the date of the exit inspection. This is a distinction that tenants often overlook.
Timeframe Depending on the Compliance of the Exit Inspection
The law provides for two scenarios for primary residences:
- Exit inspection compliant with the entry inspection: the landlord has one month to refund the entire deposit.
- Exit inspection showing differences (damages, signs of abnormal wear): the owner has two months to refund the balance, after deducting justified withholdings.
- For commercial leases, the regime evolved in 2026 with a maximum timeframe of three months, a distinct framework from residential leases.
A point not to be overlooked: if the exit inspection is carried out by a representative (real estate agent, manager), the validity of the document may be contested. A ruling from the Court of Cassation on July 3, 2025, reminds us that a report signed without a proper mandate may be deprived of legal effectiveness. In this case, the refund timeframe may be delayed or the document dismissed in case of dispute.
What the Landlord Can Withhold from the Security Deposit
The owner cannot withhold an amount “on a whim.” Each withholding must be justified by documents: quotes or repair invoices, record of damages noted in the exit inspection, any unpaid rent or charges.
Responses vary on this point, but in practice, a landlord who withholds an amount without providing justification within the legal timeframe exposes themselves to a penalty. The law provides for a penalty of 10% of the monthly rent excluding charges for each month of delay incurred, to the benefit of the tenant.
Delay in Refund of the Security Deposit: Concrete Remedies
The legal timeframe has passed, and no transfer has arrived. It’s time to take action, but step by step.
Formal Notice by Registered Mail
The first step: send a formal notice to the landlord by registered letter with acknowledgment of receipt. This letter reminds them of the deposit amount, the date of the exit inspection, the applicable legal timeframe, and the penalty for delay incurred. A copy of the exit inspection and the lease should be attached.
This letter does not need to be drafted by a lawyer. It just needs to be factual, dated, and sent by registered mail to serve as proof in case of proceedings.
Contact the Conciliation Commission or the Court
If the landlord does not respond within a reasonable timeframe after the formal notice, two options are available:
- Contact the departmental conciliation commission, a free process that often helps to resolve the situation without going to court.
- Contact the judge for disputes regarding protection (formerly the local court) to obtain the refund of the security deposit, increased by the penalty for delay.
- Keep all documents: signed lease, entry and exit inspection reports, rent receipts, copy of the registered letter. These documents constitute the file.
Security Deposit: Mistakes That Lengthen the Refund
Some situations block the refund that could have been avoided beforehand.
Not attending the exit inspection is the first mistake. If the landlord conducts the inspection alone, the tenant loses all ability to contest the noted damages. Always be present or have a duly authorized representative.
Another trap: leaving the property without providing the new address to the landlord. The landlord can argue that they did not know where to send the check or transfer. A departure letter mentioning the new address and a bank account statement cuts off this argument.
Finally, confusing normal wear and damage can be costly. A slightly marked floor after several years of occupation falls under wear and tear, not damage attributable to the tenant. Wear and tear tables, sometimes annexed to the lease, allow for objective resolution. If no table is provided in the contract, the tenant can rely on the reference scales used by the conciliation commissions.
Recovering your security deposit relies on three concrete levers: a solid exit inspection, a precise knowledge of the applicable legal timeframe, and a quick reaction in case of delay. The registered letter remains the most effective tool before any judicial proceedings.
