# Rental Deposits in France: How Caution Works and How to Get It Back
> How the French rental deposit (dépôt de garantie) works in 2026: legal caps, return deadlines, deductions, and how to get your caution back.
**URL:** https://migaku.com/blog/language-fun/rental-deposits-in-france-how-caution-works-and-how-to-get-it-back
**Last Updated:** 2026-05-30
**Tags:** vocabulary, culture, deepdive
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In France, the rental caution deposit (called the *dépôt de garantie*) is a sum the tenant pays at lease signing to cover potential unpaid rent or damage at move-out. It is legally capped, must be returned within a strict deadline, and operates very differently from deposit-protection schemes in the UK or US.
*Last updated: May 30, 2026*
## What the *dépôt de garantie* actually is
The *dépôt de garantie*, often informally called the *caution* (a word that technically refers to a guarantor, but is widely used to mean the deposit in everyday speech), is a security sum the landlord holds for the duration of the lease. It is meant to cover:
- Unpaid rent or charges at the end of the tenancy.
- Damage to the property beyond normal wear and tear.
- The tenant's share of unpaid co-ownership charges (in a *copropriété* building).
Unlike the UK's Tenancy Deposit Protection schemes, France does not require the landlord to deposit the funds with a government-backed body. The landlord (or the rental agency acting on their behalf) simply holds the money directly until the end of the lease. This makes the legal deadlines and penalties around its return especially important, since they are the tenant's main protection.
The deposit is fixed at the start of the lease and cannot be increased or revised during the tenancy, nor at renewal. Whatever you paid on day one is the figure that comes back to you (minus any justified deductions) on the day you hand over the keys.
## How much can a landlord legally ask for?
The cap on the deposit depends on the type of lease. The figures below apply to primary-residence leases under the Law of 6 July 1989, the foundational text governing residential tenancies in France.
| Lease type | Maximum deposit | Legal basis |
|---|---|---|
| Unfurnished (*vide*) primary residence | 1 month's rent excluding charges | Article 22, Law of 6 July 1989 |
| Furnished (*meublé*) primary residence | 2 months' rent excluding charges | Article 25-6, Law of 6 July 1989 |
| Mobility lease (*bail mobilité*, 1 to 10 months) | No deposit allowed | Article 25-17, ELAN Law |
| Rent paid more than 2 months in advance | No deposit allowed | Law of 6 July 1989 |
A few practical points:
- "Excluding charges" (*hors charges*) means the base rent only, not the monthly provision for building charges, water, or heating.
- If you sign a furnished lease for €1,200/month plus €100 in charges, the deposit can be at most €2,400, not €2,600.
- Cash payment of the deposit is limited to €1,000. For amounts above that, expect to pay by bank transfer or check.
The difference between furnished and unfurnished is significant well beyond the deposit, including lease duration, taxation, and what the landlord must supply. For a fuller breakdown, see this guide on [furnished vs unfurnished rentals](https://migaku.com/blog/language-fun/furnished-vs-unfurnished-rentals-in-france-expat-guide).
## What you actually pay at move-in
When you sign the lease, you typically hand over:
- The first month's rent and charges.
- The *dépôt de garantie* (1 or 2 months, as above).
- Agency fees if the lease was brokered by a real estate agency (these are also capped by law and split between landlord and tenant).
This is why moving into a Paris apartment can require three to four months of rent upfront in cash before you even unpack. Budget accordingly, and remember the deposit is not lost money: it is a refundable sum held by the landlord.
If you don't have the cash on hand, two Action Logement schemes can help, both detailed below.
## Help paying the deposit: Avance Loca-Pass and Visale
France has two state-backed schemes that ease the upfront cost. Both are run by Action Logement.
### Avance Loca-Pass
The Avance Loca-Pass is a 0% interest-free loan to finance the *dépôt de garantie*. Key terms:
- Maximum amount: €1,200.
- Repayment starts 3 months after disbursement.
- Minimum monthly payment: €20.
- Maximum repayment term: 25 months.
- Must be requested within 2 months of moving in.
- If you leave the property before the lease ends, the remaining balance is due within 3 months of departure.
Eligibility covers under-30s (students, apprentices, jobseekers under conditions) and private-sector employees or pre-retirees in non-agricultural sectors, regardless of age.
### Visale guarantee
Visale is a free rental guarantor service. Rather than helping you pay the deposit, it acts as your *garant* (the person or entity who legally agrees to cover unpaid rent), which is often the bigger hurdle for foreigners without a French co-signer. Visale covers unpaid rent and rental damages for the first 3 years of the lease, and damage coverage is capped at 2 months of rent and charges.
The 6 January 2026 reform expanded eligibility. Notable current figures:
- Net monthly salary threshold for private-sector employees over 31: €1,710 (up from €1,500).
- Rent caps for non-student tenants: €1,940/month in Zone 1 (Île-de-France), €1,575 in Zone 2, €1,365 in Zone 3.
- Rent caps for students: €1,000 in Zone 1, €840 in Zone 2, €680 in Zone 3 (charges included).
- All tenants aged 18 to 30 are eligible regardless of professional situation.
For a deeper walkthrough of how to apply and what landlords think of it, see this explainer on the [Garant Visale rental guarantor](https://migaku.com/blog/language-fun/garant-visale-explained-frances-free-rental-guarantor).
If the landlord already has private unpaid-rent insurance (*assurance loyers impayés*), they can only require a guarantor on top if you are a student or apprentice. And if you are a student on a higher-education scholarship, no guarantor can be required at all.
## The two inventories: *état des lieux*
The single most important document for getting your deposit back is the *état des lieux*, the inventory of the property's condition. There are two:
1. État des lieux d'entrée (entry inventory): completed when you receive the keys.
2. État des lieux de sortie (exit inventory): completed when you hand them back.
The landlord can only deduct from your deposit for differences between the two. If a stain on the carpet, a cracked tile, or a missing curtain rod is already noted in the entry inventory, it cannot be charged to you at exit.
Practical advice:
- Do the entry inventory in daylight. Do not let an agent rush you.
- Photograph everything, with timestamps, including inside cupboards, behind the toilet, under the sink, and on the balcony.
- Note every chip, scuff, and mark in writing, even small ones.
- Test every appliance, faucet, and electrical outlet on the spot.
- Read meter values (electricity, gas, water) and write them on the document.
- If you discover something within the first 10 days for general items, or during the first heating period for the heating system, you can ask in writing for the entry inventory to be amended.
At move-out, repeat the same level of detail. Normal wear and tear (*usure normale*) cannot be deducted: faded paint after five years, slight scuffing on parquet, minor marks from picture hooks. What can be deducted: holes that require filling, broken fixtures, stains, damage from negligence, and unreturned items listed in the furnished inventory.
## When and how the deposit must be returned
The legal deadlines are strict:
| Situation | Deadline to return the deposit |
|---|---|
| Exit inventory matches entry inventory | 1 month from the day the keys are returned |
| Exit inventory shows discrepancies or deductions | 2 months from the day the keys are returned |
| Property in a *copropriété* (co-ownership building) | Landlord may withhold up to 20% until annual building accounts are finalized |
The 20% provision is a quirk of French co-ownership: the building's annual accounts may not be approved until months after you leave, and your share of any reconciliation has to come from somewhere. Once the accounts are closed, the remaining balance must be returned.
If the landlord misses the deadline, the law applies a penalty: 10% of the monthly rent (excluding charges) for each month of delay started. So if your rent was €1,000 and your deposit comes back two months late, the landlord owes you an extra €200 on top of the deposit itself.
There is one important exception: the penalty does not apply if you failed to give the landlord your new address. Always provide a forwarding address in writing, ideally by registered mail (*lettre recommandée avec accusé de réception*).
You will usually receive the deposit by bank transfer, so make sure the landlord has your current French or international IBAN. For tenants still navigating the French banking system, this [French banking vocabulary guide](https://migaku.com/blog/language-fun/french-banking-vocabulary) covers the key terms you'll encounter on the transfer paperwork.
## Common pitfalls and how to avoid them
A few recurring problems trip up tenants, especially foreigners new to the French system:
- Trying to use the deposit as last month's rent. This is not allowed. You must pay the final month in full, and the landlord returns the deposit separately after the exit inventory. Refusing to pay the last month gives the landlord grounds to keep the deposit and pursue you for any remainder.
- Skipping or rushing the entry inventory. Without a detailed *état des lieux d'entrée*, the law presumes the property was delivered in good condition. You will struggle to dispute later deductions.
- Verbal agreements with the landlord. Anything important should be in writing. Repair commitments, special clauses, and confirmation of received documents.
- Not providing a forwarding address. You lose the 10% monthly penalty protection.
- **Forgetting the *copropriété* 20% rule.** If you only get 80% back at the deadline, that may be legal. Wait for the annual accounts before assuming you've been short-changed.
- Assuming the deposit is held in escrow. It isn't. The landlord holds it directly, which means a landlord in financial difficulty is still legally liable to return it.
- Selling-of-property confusion. If the apartment is sold during your lease, the new owner inherits the obligation to return your deposit at lease end, even if they never personally collected it from you.
## FAQ
Can a landlord ask for more than one month's deposit on an unfurnished lease?
No. The cap is one month's rent excluding charges. Any clause in the lease asking for more is unenforceable.
Can the deposit be increased when the lease is renewed?
No. The amount is fixed for the entire duration of the lease, including renewals.
What if the landlord refuses to do an exit inventory?
Send a registered letter formally requesting one. If they still refuse, a *commissaire de justice* (bailiff) can conduct one, with the cost typically shared between landlord and tenant.
Can the landlord deduct cleaning fees?
Only if the property is returned in clearly unclean condition relative to the entry inventory. Normal end-of-tenancy cleaning by the tenant is enough; the property does not need to be professionally cleaned unless the lease specifies and the entry state was equivalent.
What do I do if the deposit isn't returned on time?
First, send a formal demand letter (*mise en demeure*) by registered mail, citing the legal deadline and the 10% monthly penalty. If that fails, you can bring the dispute before the Commission Départementale de Conciliation (CDC), a free mediation body. As a last resort, you have up to 3 years from the date the deposit should have been returned to bring a claim before a judge.
Does Visale cover damage as well as unpaid rent?
Yes, but with a cap: rental damage coverage under Visale is limited to 2 months of rent and charges.
Is the deposit different in furnished short-term and mobility leases?
Yes. Furnished primary residence: up to 2 months. *Bail mobilité* (1 to 10 months, for students, interns, professional trainees): no deposit allowed at all.
Can I pay the deposit in cash?
Up to €1,000. Above that, you must pay by bank transfer or check.
Settling into France is much easier when you can read your lease, understand letters from your landlord, and handle disputes in French. If you're moving to France, learning the language with native content makes everyday life noticeably smoother, and [Migaku for French](https://migaku.com/learn-french) is built for exactly that.