Home > Expert advice > Real estate questions > Can the amount of the security deposit be set freely when renting?
Can the amount of the security deposit be set freely when renting?
Security deposit
The lessor and the tenant may freely set the amount of the security deposit, except in one case.
The law limits the amount of the security deposit:
• 1 month's rent excluding charges for the lease of an unfurnished rented property that constitutes the tenant's main residence (Sheet: Rent an unfurnished property). These leases are the most common in practice. For this type of lease, it is forbidden to ask for a security deposit of more than one month's rent in principal.
• 2 months' rent rent in principal, for the lease of a furnished rented property that constitutes the tenant's main residence, concluded since March 27, 2014
For all other leases, to date, the law does not set the amount of the security deposit. It can therefore be more than one month's rent. This is the case for:
• The rental of a second home,
• Garages and car parks,
• The professional or commercial lease.
Note : in the context of the commercial lease, there is a rule, very little respected in practice, but which can not be excluded by a clause of the lease.
If, taking into account the rent payable in advance and the security deposit, the lessor has in his hands more than two terms of rent in advance, the sums exceeding two terms will bear interest for the benefit of the tenant, at the rate applied by the Banque de France for advances on securities.
The law limits the amount of the security deposit:
• 1 month's rent excluding charges for the lease of an unfurnished rented property that constitutes the tenant's main residence (Sheet: Rent an unfurnished property). These leases are the most common in practice. For this type of lease, it is forbidden to ask for a security deposit of more than one month's rent in principal.
• 2 months' rent rent in principal, for the lease of a furnished rented property that constitutes the tenant's main residence, concluded since March 27, 2014
For all other leases, to date, the law does not set the amount of the security deposit. It can therefore be more than one month's rent. This is the case for:
• The rental of a second home,
• Garages and car parks,
• The professional or commercial lease.
Note : in the context of the commercial lease, there is a rule, very little respected in practice, but which can not be excluded by a clause of the lease.
If, taking into account the rent payable in advance and the security deposit, the lessor has in his hands more than two terms of rent in advance, the sums exceeding two terms will bear interest for the benefit of the tenant, at the rate applied by the Banque de France for advances on securities.
Good to know
Attention! By signing the inventory of fixtures of exit as is, you recognize as a tenant, the damage committed. Conversely, without an exit inventory signed jointly by the tenant and the owner, no deduction from the security deposit paid is possible.
Other Frequently Asked Questions
- I am moving, how long do I have to give notice for the accommodation I am leaving?
- I sell a property while it is occupied by a tenant who will stay in the premises. Should I offer to buy the property as a priority?
- My spouse is on the move. He will not be able to be present to sign a sales mandate. How can we proceed?
To go further:
Our guide to frequently asked questions about real estate is here to help you see more clearly.
