How long does it take to return a deposit?
TheALUR law of 24 March 2014 regulates the deadlines for issuing a deposit. The tenant can recover his deposit within a period of:
● 1 month maximum if the outgoing inventory is identical to the incoming inventory,
● 2 months maximum if the outgoing inventory is different from the incoming inventory.
The deadline for returning the caution begins on the date of the outgoing inventory, the day of the return of the keys.
If the landlord does not return the deposit within the prescribed time, the tenant may apply an increase of 10% of the amount of the monthly rent per month of delay.
What is a deposit?
Indeed, "to stand surety" means to be a guarantor. But the term "surety" is
used otherwise to set the security deposit.
A surety guarantees the tenant by committing to settle his debts throughout the duration of the rental. It is necessary to present a file with the owner in order to prove his solvency.
Please note:
- Being surety is an important commitment, formalized by an act of suretyship. If your surety does not repay your rental debts, his property and income may be seized.
- There is an alternative to a physical deposit : the Visale device which allows to guarantee certain categories of tenants.
- The deposit is different from the security deposit
Simple deposit and joint and several surety?
There are two types of surety: the simple surety and the joint and several surety.
In the case of a simple surety, the lessor claims payment of the debts to the tenant by bailiff, before calling on the surety. In the case of joint and several surety, he may appeal directly to the surety to settle unpaid.
What is the amount of the deposit?
The amount of the deposit must be included in the rental contract. It cannot be greater than:
● 1 month's rent for the rental of an empty dwelling excluding rental charges
● 2 months' rent for the rental of furnished accommodation excluding rental charges
This necessarily concerns principal residences.
What can the owner retain from the deposit?
The landlord can deduct from the deposit sums due by the tenant:
● unpaid rent;
● unpaid rental charges (including the tax on household waste);
● rental repairs and routine maintenance not carried out (garden maintenance, paint fittings, removal of limescale deposits, annual maintenance of the boiler ...);
● replacement of keys or badge of the building not returned;
● unrealized end-of-lease cleaning;
● restoration work in case of damage (hole in a wall, broken glass, damaged equipment ...);
● provision on charges corresponding to a maximum of 20% of the deposit for condominiums, pending the closing of the annual accounts.
- The tenant can recover his deposit within a period of:
● 2 months maximum if the outgoing inventory is different from the incoming inventory.
- "to stand surety" means to be a guarantor
- The landlord can deduct from the deposit sums due by the tenant such as unpaid rents and charges)
- There are two types of surety: the simple surety and the joint and several surety.
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Posted on 03/01/2023 by
Andy LECUYER
