Security Deposit/Deposit, how much?
Rental: Security Deposit/Deposit, how much?
What is its amount, when must it be returned, when is it due? These questions are central and often come up about the terms of the security deposit in the various rental contracts.
What is the security deposit?
Also called "deposit", the security deposit, corresponds to the amount given to the owner when signing the rental contract by the tenant, most often given by check. The owner can cash the security deposit, in this way he protects himself from any damage or unpaid due by the tenant when the time comes to leave the housing. It is returned to the tenant at the end of the lease, after any deductions made in relation to rental debts.
By abuse of language, the security deposit is often referred to as the "deposit", hence the term "deposit check". The surety, or guarantor, is the term used to designate the person who guarantees the payment of rents: during an unpaid during the lease, the owner addresses the surety to claim the sums due.
Return of the security deposit
The deadline:
At the end of the lease of Empty rental as furnished rental,When the inventory of fixtures of exit is in accordance with the inventory of fixtures of entry, the security deposit must be returned to the tenant within one month. In the event of damage duly noted and recorded in the inventory of fixtures of exit, the maximum period of return is doubled to two months, counting the delivery of the keys to the owner or the agent (real estate agent).
Deductions:
In some cases the landlord is entitled to use all or part of the security deposit in order to reimburse himself for unfulfilled obligations, for which the tenant remains liable.
The security deposit may allow the landlord to reimburse himself for unpaid charges or rents or rental repairs, the amount of which must be justified by the delivery of documents. These documents may correspond to the inventory of fixtures of entry and exit, photos, bailiff's report, quotes or invoices, letter of claim for unpaid rents remained unanswered.
Expenses:
In another measure relating to condominiums, for recoverable charges if the tenant leaves the premises before the closing of the accounts has taken place. The owner or lessor proceeds to a provisional closing of the accounts and may keep a provision until the annual closing of the accounts of the building, the latter must be fixed in support of supporting documents.
It cannot exceed 20% of the amount of the security deposit.
The final adjustment and return of the balance, including the deduction of deductions, must be made within one month of the final approval of the accounts of the building.
It remains totally possible for the tenant and the owner to immediately settle all accounts without waiting for the approval of the condominium's accounts.
How do I set the amount of the security deposit?
Depending on the type of lease, the type of lease, the date of signature of the lease and the payment intervals, the amount of the security deposit may differ.
For empty rentals :
- For a rent payable each month, by right, the amount is capped at 1 month's rent, excluding charges.
- For rent payable in advance for a period of more than 2 months, i.e. rent payable quarterly, no security deposit can be claimed from the tenant.
For furnished rentals :
- For a lease signed before March 27, 2014, the amount was freely set by the owner and could correspond to 1 or 2 months or more, with regard to what was written and provided for in the lease.
- For a lease signed after March 27, 2014, the amount payable has since been capped at 2 months' rent, excluding charges. Identical to empty rentals , in the case of a payment payable in advance for a period greater than 2 months, no security deposit can be claimed from the tenant.
In the same way as rent payable in advance for a period of more than 2 months, which does not require the provision of a security deposit, the mobile lease also has this characteristic. Feature representing one of the many advantages of this type of lease for the tenant and the owner who, in the absence of a security deposit, benefits from the Vidal device.
Whatever the type of lease or furniture, the amount remains invariable, likewise in the case of a very long-term rental, on the occasion of the renewal of the lease it can not be revised.
When is it paid?
The security deposit shall be paid to the owner directly at the time of signing the lease, by the lessee or through a third-party payer, even in the case of a deferred entry into the premises. The tenant may make a cash payment and request from the owner, by any means, a receipt specifying that the sum is remitted as a security deposit.
The owner can cash the security deposit, in this way he protects himself from any damage or unpaid due by the tenant when the time comes to leave the housing.
For empty rentals :
- For a rent payable each month, by right, the amount is capped at 1 month's rent, excluding charges.
- For rent payable in advance for a period greater than 2 months,
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Posted on 21/10/2021 by
Andy LECUYER
