Security deposit in a residential lease
Verified 06 April 2023 - Legal and Administrative Information Directorate (Prime Minister)
What is the use of the security deposit and is it mandatory? In some cases, the landlord may require the payment of a security deposit to cover possible future breaches of the tenant's obligations (unpaid rent or charges, absence of rental repairs...). These rules depend on the signed residential lease: lease of an empty dwelling or lease of a furnished dwelling.
Empty housing
The landlord (or real estate agency) can claim a security deposit only in certain cases:
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Rent to be paid in advance each month
The landlord may require the payment of a security deposit upon signature of the lease.
The amount of the security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease.
The landlord cannot increase the amount of the security deposit during the lease or at the renewal of the lease.
Rent to be paid in advance every 2 months
The landlord may require the payment of a security deposit upon signature of the lease.
The amount of the security deposit must not exceed 1 month's rent (excluding charges), and it must be indicated in the lease.
The landlord cannot increase the amount of the security deposit during the lease or at the renewal of the lease.
Rent to be paid in advance each quarter
The owner is prohibited from claiming a security deposit.
At the time of signing the lease, the landlord (or the real estate agency if it manages the rental) can receive the deposit payment:
- Either directly from the tenant
- An organization that the tenant has used, such as Housing action for Loca-Pass advance, or Solidarity Housing Fund (FSL)
When the tenant cash payment the security deposit, he can require the owner to give him a receipt proving that the amount given corresponds to the amount of the security deposit.
FYI
At the time of signing the lease, the landlord (or real estate agency) may receive from the tenant the payment of rent, security deposit and real estate agency costs related to the rental (inventory, visit of the accommodation...). Requiring the lessee to pay other sums in order to obtain the signature of the lease is prohibited, even if this obligation is provided for in one of the clauses of the lease.
It is up to the landlord (or the real estate agency) to return the security deposit to the tenant.
When the dwelling is sold or transferred free of charge to a new owner during the lease, the new owner must return the security deposit to the tenant.
In case of a change of real estate agency during the lease, it is up to the new real estate agency to return the deposit.
The rules vary depending on whether the exit inventory is in line with the entry inventory:
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State of play
Deadline
At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum of 1 month.
The period starts from the day on which the tenant returns the keys of the dwelling by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions or reserves.
Please note
When the keys are handed over, the tenant informs the owner (or the real estate agency) of his new contact details (new address, RIB).
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be the following documents: records of the places of entry and exit, photos, statement made by a commissioner of justice (formerly statement of bailiff), invoices or work specifications, letter of claim for unpaid rents left unanswered...
The tenant can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Provision
The owner must make a provisional order of expense accounts. He may keep a provision until the annual settlement of the building's accounts. The amount of the provision must be fixed in support of supporting documents. It must not exceed 20% the amount of the security deposit.
Within one month of the final approval of the building's accounts, the owner must make the final adjustment of the expense accounts and return the balance to the tenant.
FYI
The tenant and landlord can agree to immediately close all accounts without waiting for approval of the building's accounts.
Non-compliant state of play
Deadline
At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum of 2 months.
The period starts from the day on which the tenant returns the keys of the dwelling by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions or reserves.
Please note
When the keys are handed over, the tenant informs the owner (or the real estate agency) of his new contact details (new address, RIB).
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be the following documents: records of the places of entry and exit, photos, statement made by a commissioner of justice (formerly statement of bailiff), invoices or work specifications, letter of claim for unpaid rents left unanswered...
The tenant can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Provision
The owner must make a provisional order of expense accounts. He may keep a provision until the annual settlement of the building's accounts. The amount of the provision must be fixed in support of supporting documents. It must not exceed 20% the amount of the security deposit.
Within one month of the final approval of the building's accounts, the owner must make the final adjustment of the expense accounts and return the balance to the tenant.
FYI
The tenant and landlord can agree to immediately close all accounts without waiting for approval of the building's accounts.
Location of entry not completed
By refusal of the owner (formal notice not effective)
When the landlord refuses to make an entry inventory, the tenant must send him a formal notice to do it.
If the landlord persists in his refusal despite this formal notice, he will have to prove at the end of the lease that he gave the house in good condition to show the damage caused by the tenant.
By refusal of the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence can be provided, for example, by means of photographs taken by a commissioner of justice - formerly a bailiff and judicial auctioneer - (paid approach).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
By negligence of the owner and the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence may be provided, for example, by means of photographs taken by a Commissioner of Justice (fee-paying).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
State of play of friendly exit impossible to establish
It is not possible to establish an amicable inventory in each of the following cases:
- When the landlord or tenant does not attend the meeting of the inventory
- When the owner or tenant refuses to establish the state of play
- When the landlord or tenant refuses to sign the inventory
Then you have to call in a commissioner of justice (formerly bailiff and judicial auctioneer) to get a state of play. The Commissioner of Justice may be contacted by the landlord or tenant. The costs requested by the Commissioner of Justice are shared by half between the tenant and the owner.
The sums requested by the Commissioner of Justice (formerly bailiff and judicial auctioneer) vary according to the surface of the dwelling.
Housing surface | Price List (VAT included) |
|---|---|
Up to 50 m² | Fees for acts: €131.50 + Convening letters: €17.88 + Travel: €9.20 |
More than 50 m² and up to 150 m² | Fees for acts: €153.20 + Convening letters: €17.88 + Travel: €9.20 |
More than 150 m² | Fees for acts: €229.81 + Convening letters: €17.88 + Travel: €9.20 |
Half of the total cost is shared between the landlord (lessor) and the tenant.
The Commissioner of Justice notifies the owner and the tenant of the appointment at least 7 days in advance by registered letter with acknowledgement of receipt. Even in the absence of the tenant or landlord, the Commissioner of Justice shall prepare a report (rental statement) the findings of which are binding on the tenant and the owner, without possible dispute.
- If the tenant is not present at the appointment set by the Commissioner of Justice, the landlord must seize the protection litigation judge the court on which the dwelling depends. The judge will determine the tenant's refusal and appoint a commissioner of justice to obtain the keys.
- If the landlord is not present at the appointment set by the Commissioner of Justice, the tenant can return the keys to the landlord by registered letter with acknowledgement of receipt. In the absence of an exit inventory, the tenant is considered to have restored the dwelling to good condition.
When the landlord does not return the security deposit within the prescribed period, the tenant must demand that the landlord return it.
To do so, he must send him a registered letter with notice of receipt. He can use the following letter template:
Request a refund of the unreturned security deposit
FYI
Where the landlord does not return the security deposit within the time limit, he must pay default interest to the tenant.
The amount of the security deposit to be returned to the tenant is increased by a sum equal to 10% of the monthly rent (excluding expenses) for each month of delay started.
But this penalty does not apply when the delay is caused by the fact that the tenant has not indicated to the owner his contact details (new address, RIB).
When the landlord refuses to return the security deposit despite this registered letter, the tenant must take other steps, which depend on the amount owed by the landlord:
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Less than €5,000
The tenant must enter into a conciliation with a conciliator of justice or the Departmental Conciliation Committee (CDC).
This procedure is compulsory in order to be able to refer the matter to the judge.
Conciliation is free for the tenant and the owner.
More than €5,000
The tenant can apply directly to the judge. But he can first engage in a free conciliation with a justice conciliator or the Departmental Conciliation Commission (CDC) and perhaps avoid referring the case to the judge.
Bring the matter directly before the court
The tenant must refer the case to the protection litigation judge the court on which the dwelling depends.
The matter must be referred to the court within three years of the date on which the security deposit should have been made.
Initiate conciliation and then refer the matter to the judge if necessary
Conciliation (free of charge)
- Either with a conciliator of justice
- Either with the Departmental Conciliation Committee (CDC)
Refer the matter to the judge
In the event that conciliation fails, the tenant must refer the case to the protection litigation judgethe court on which the dwelling depends.
The matter must be referred to the court within three years of the date on which the security deposit should have been made.
Furnished accommodation
Warning
With a mobility lease, the owner is prohibited from claiming a security deposit.
The landlord (or real estate agency) can claim a security deposit only in certain cases:
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Rent to be paid in advance each month
The landlord may require the payment of a security deposit upon signature of the lease.
The amount of the security deposit must not exceed 2 months rent (excluding charges), and it must be indicated in the lease.
The landlord cannot increase the amount of the security deposit during the lease or at the renewal of the lease.
Rent to be paid in advance every 2 months
The landlord may require the payment of a security deposit upon signature of the lease.
The amount of the security deposit must not exceed 2 months rent (excluding charges), and it must be indicated in the lease.
The landlord cannot increase the amount of the security deposit during the lease or at the renewal of the lease.
Rent to be paid in advance each quarter
The owner is prohibited from claiming a security deposit.
At the time of signing the lease, the landlord (or the real estate agency if it manages the rental) can receive the deposit payment:
- Either directly from the tenant
- An organization that the tenant has used, such as Housing action for Loca-Pass advance, or Solidarity Housing Fund (FSL)
When the tenant cash payment the security deposit, he can require the owner to give him a receipt proving that the amount given corresponds to the amount of the security deposit.
FYI
At the time of signing the lease, the landlord (or real estate agency) may receive from the tenant the payment of rent, security deposit and real estate agency costs related to the rental (inventory, visit of the accommodation...). Requiring the lessee to pay other sums in order to obtain the signature of the lease is prohibited, even if this obligation is provided for in one of the clauses of the lease.
It is up to the landlord (or the real estate agency) to return the security deposit to the tenant.
When the dwelling is sold or transferred free of charge to a new owner during the lease, the new owner must return the security deposit to the tenant.
In case of a change of real estate agency during the lease, it is up to the new real estate agency to return the deposit.
The timing is different depending on whether the state of the places of departure is or is not in accordance with the state of entry of the places of entry :
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Compliant exit status
Charges paid on a flat-rate basis
Deadline
At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum of 1 month.
The period starts from the day on which the tenant returns the keys of the dwelling by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions.
Please note
When the keys are handed over, the tenant informs the owner (or the real estate agency) of his new contact details (new address, RIB).
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be documents such as: records of the places of entry and exit, photos, a finding made by a commissioner of justice (formerly a finding of a bailiff), invoices or work specifications, letter of claim for unpaid rents which has not been answered...
The lessee can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Expenses paid by installments with annual regularization
Deadline
At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum of 1 month.
The period starts from the day on which the tenant returns the keys of the dwelling by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions or reserves.
Please note
When the keys are handed over, the tenant informs the owner (or the real estate agency) of his new contact details (new address, RIB).
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be the following documents: records of the places of entry and exit, photos, statement made by a commissioner of justice (formerly statement of bailiff), invoices or work specifications, letter of claim for unpaid rents left unanswered...
The tenant can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Provision
The owner must make a provisional order of expense accounts. He may keep a provision until the annual settlement of the building's accounts. The amount of the provision must be fixed in support of supporting documents. It must not exceed 20% the amount of the security deposit.
Within one month of the final approval of the building's accounts, the owner must make the final adjustment of the expense accounts and return the balance to the tenant.
FYI
The tenant and landlord can agree to immediately close all accounts without waiting for approval of the building's accounts.
Non-compliant exit location report
Charges paid on a flat-rate basis
Deadline
At the end of the lease, the owner must return the security deposit within a maximum of 2 months.
The period starts from the day on which the tenant returns the keys of the dwelling to the owner (or the real estate agency) by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions.
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be documents such as: records of the places of entry and exit, photos, a finding made by a commissioner of justice (formerly a finding of a bailiff), invoices or work specifications, letter of claim for unpaid rents which has not been answered...
The lessee can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Expenses paid by installments with annual regularization
Deadline
At the end of the lease, the owner (or real estate agency) must return the security deposit within a maximum of 2 months.
The period starts from the day on which the tenant returns the keys of the dwelling by one of the following means:
- Either in person
- Either by registered letter with request for notice of receipt
The amount returned to the tenant may be lower the amount paid by the tenant, because of deductions or reserves.
Please note
When the keys are handed over, the tenant informs the owner (or the real estate agency) of his new contact details (new address, RIB).
Deductions
A deduction is an amount that the owner can keep.
This amount may correspond to an amount remaining due by the tenant to the owner. For example, it can be a case of unpaid rent or charges, costs related to degradation or undone rental work.
In the event of a detention, the landlord must provide the tenant with supporting documents. For example, these may be the following documents: records of the places of entry and exit, photos, statement made by a commissioner of justice (formerly statement of bailiff), invoices or work specifications, letter of claim for unpaid rents left unanswered...
The tenant can challenge the deductions. It can use the following letter template:
Tenant: dispute the bill for the rehabilitation of his old house
Provision
The owner must make a provisional order of expense accounts. He may keep a provision until the annual settlement of the building's accounts. The amount of the provision must be fixed in support of supporting documents. It must not exceed 20% the amount of the security deposit.
Within one month of the final approval of the building's accounts, the owner must make the final adjustment of the expense accounts and return the balance to the tenant.
FYI
The tenant and landlord can agree to immediately close all accounts without waiting for approval of the building's accounts.
Location of entry not completed
By refusal of the owner (formal notice not effective)
When the landlord refuses to make an entry inventory, the tenant must send him a formal notice to do it.
If the landlord persists in his refusal despite this formal notice, he will have to prove at the end of the lease that he gave the house in good condition to show the damage caused by the tenant.
By refusal of the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence can be provided, for example, by means of photographs taken by a commissioner of justice - formerly a bailiff and judicial auctioneer - (paid approach).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
By negligence of the owner and the tenant
The tenant is considered to have received the accommodation in good condition from rental repairs. He will have to return it in good condition for rental repairs, unless he can prove the initial poor condition of the dwelling. Evidence may be provided, for example, by means of photographs taken by a Commissioner of Justice (fee-paying).
For other repairs (work to be carried out by the lessor or dilapidated of the premises), it is up to the owner to demonstrate that they are attributable to the tenant.
State of play of friendly exit impossible to establish
It is not possible to establish an amicable inventory in each of the following cases:
- When the landlord or tenant does not attend the meeting of the inventory
- When the owner or tenant refuses to establish the state of play
- When the landlord or tenant refuses to sign the inventory
Then you have to call in a commissioner of justice (formerly bailiff and judicial auctioneer) to get a state of play. The Commissioner of Justice may be contacted by the landlord or tenant. The costs requested by the Commissioner of Justice are shared by half between the tenant and the owner.
FYI
Costs requested by the Commissioner of Justice vary according to the size of the dwelling.
When the landlord does not return the security deposit within the prescribed period, the tenant must demand that the landlord return it.
To do so, he must send him a registered letter with notice of receipt. He can use the following letter template:
Request a refund of the unreturned security deposit
FYI
Where the landlord does not return the security deposit within the time limit, he must pay default interest to the tenant.
The amount of the security deposit to be returned to the tenant is increased by a sum equal to 10% of the monthly rent (excluding expenses) for each month of delay started.
But this penalty does not apply when the delay is caused by the fact that the tenant has not indicated to the owner his contact details (new address, RIB).
When the landlord refuses to return the security deposit despite this registered letter, the tenant must take other steps, which depend on the amount owed by the landlord:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Less than €5,000
The tenant must enter into a conciliation with a conciliator of justice or the Departmental Conciliation Committee (CDC).
This procedure is compulsory in order to be able to refer the matter to the judge.
Conciliation is free for the tenant and the owner.
More than €5,000
The tenant can apply directly to the judge. But he can first engage in a free conciliation with a justice conciliator or the Departmental Conciliation Commission (CDC) and perhaps avoid referring the case to the judge.
Bring the matter directly before the court
The tenant must refer the case to the protection litigation judge the court on which the dwelling depends.
The matter must be referred to the court within three years of the date on which the security deposit should have been made.
Initiate conciliation and then refer the matter to the judge if necessary
Conciliation (free of charge)
- Either with a conciliator of justice
- Either with the Departmental Conciliation Committee (CDC)
Refer the matter to the judge
In the event that conciliation fails, the tenant must refer the case to the protection litigation judgethe court on which the dwelling depends.
The matter must be referred to the court within three years of the date on which the security deposit should have been made.
Who can help me?
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Telephone administrative information - Allo Public Service
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- Departmental Agency for Housing Information (Adil)
Indication of the security deposit in the lease
Amounts to be paid upon signature of the lease
Furnished accommodation
Mobility lease: no security deposit
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