Can the security deposit be used to pay the last month's rent?
Verified 08 March 2019 - Directorate for Legal and Administrative Information (Prime Minister)
No, the tenant must pay the full rent until the end of the lease, including if a security deposit was paid at the beginning of the lease.
It is illegal to deduct the amount of the security deposit from the last rent to be paid.
The tenant is obliged to pay the rent and the expenses to his landlord at the agreed time.
The security deposit, which must allow to cover the possible failures of the tenant (example: lack of maintenance of housing), does not replace the last rent. The security deposit must in principle be returned by the owner to the tenant in a time..
A tenant who deducts the amount of the security deposit from the last rent would not be eligible for a rent receipt (which is required in the context of an application for housing assistance).
Furthermore, in such a situation, the owner could:
- make the retention the amount due in the tenant's bank account without the judge's authorization,
- order the tenant to pay the unpaid rent and to pay damages.
- Act No. 89-462 of 6 July 1989 on rental reports: article 7Obligation to pay rent
- Act No. 89-462 of 6 July 1989 on rental reports: Article 22Security deposit
- Act No. 89-462 of 6 July 1989 on rental reports: Article 21Rent receipt
- Code of Civil Enforcement Procedures: Article L511-2Preservation Entry