A difference between the move-in and move-out inspection does not automatically mean that a deduction can be made. The physical finding, its cause, the tenant's possible responsibility and the amount that can reasonably be supported must be considered separately.
The key question is therefore not only what a landlord may deduct, but also how deductions should be calculated, supported and presented so that an amicable resolution remains possible whenever possible.
1. What is the security deposit for?
The security deposit guarantees performance of the tenant's obligations. At the end of the lease, the landlord may deduct certain outstanding sums provided that they are properly supported.
Depending on the case, this may include:
unpaid rent or charges;
certain tenant repairs;
damage attributable to the tenant;
loss of items for which the tenant is responsible;
certain sums the landlord must pay in place of the tenant.
The deposit is not money the landlord may simply keep: every deduction needs a clear basis and a supportable amount.
2. A difference between move-in and move-out is not automatically chargeable
The first step is to compare the inspection records, but avoid the shortcut:
difference = damage = chargeable amount.
Slightly faded paint after several years may be wear and tear. A heavily soiled oven may reflect insufficient maintenance. A chair listed at move-in but missing at move-out may be a loss. A broken door may be damage.
Each line needs its own analysis.
3. Wear and tear or damage: the key distinction
The French Decree of 30 March 2016 defines wear and tear as deterioration resulting from time or normal use of the materials and equipment in the property.
The tenant does not have to return the home as new. Article 7 of the French Law of 6 July 1989 excludes from the tenant's responsibility repairs caused, in particular, by wear and tear.
Examples that may amount to wear and tear, depending on the initial condition, duration and circumstances, include faded paint, normal floor wear and ageing equipment.
Examples that may amount to damage include a broken door, a major wall impact, a broken window or a significant burn on a worktop.
The initial condition, age and cause of the damage all matter.
4. Can the landlord charge the full new replacement price?
Not automatically.
If an item originally cost €600 but is already eight years old at move-out, a €600 deduction simply because a new equivalent costs that amount would be too simplistic.
Relevant factors include:
age;
move-in condition;
period of use;
any agreed depreciation schedule;
whether repair is possible instead of full replacement.
The tenant should not automatically fund the full renewal of an already aged item.
5. What if there is no depreciation schedule?
The parties may agree when the lease is signed to use a depreciation schedule complying with the Decree of 30 March 2016.
But the absence of a schedule does not make wear and tear disappear. Age, previous condition and normal use still need to be considered.
6. The property is returned dirty: can cleaning be deducted?
The tenant is responsible for routine maintenance of the property and its equipment. Cleaning genuinely required because of the move-out condition may therefore justify a deduction.
However, this does not justify an automatic cleaning fee at every move-out.
Example where a deduction may be defensible
The move-out inspection records:
heavily soiled oven;
grease on the hob;
significant deposits in the bathroom;
floors requiring substantial cleaning.
The need is documented.
Example where the deduction is much harder to justify
The inspection states that the property is clean, or records no cleanliness issue, and the landlord later adds:
4 hours cleaning: €120.
Without evidence showing that cleaning was actually needed, such a flat fee is much easier to challenge.
7. Can the landlord charge for their own cleaning time?
Caution is advisable.
If the landlord cleans personally, it is better to avoid an arbitrary hourly rate. A stronger approach is to establish:
that cleaning was required;
what needed to be done;
what a reasonable service would cost.
A professional quotation may provide an objective benchmark.
Case law on tenant repairs recognizes that compensation is not always conditional on the landlord actually performing the work. But that does not make any self-imposed flat fee automatically enforceable.
8. Must the landlord actually carry out the repairs?
Not necessarily in every case.
Case law summarized by ANIL accepts that compensation for tenant repairs is not always conditional on the work actually being performed. A quotation may be enough to support the amount claimed.
The landlord may therefore, depending on the circumstances, postpone the work or not carry it out immediately.
Two requirements remain essential:
the damage or breach must be established;
the amount must be reasonably supported.
A court is not bound by an excessive quotation.
9. Quotation or invoice: what supporting document is required?
Article 22 requires deductions to be properly supported.
Useful evidence may include:
inspection records;
photographs;
quotations;
invoices;
formal reports;
furnished-rental inventories;
correspondence about an incident.
French case law accepts that a quotation may be enough for some tenant repairs. A paid invoice is therefore not always mandatory.
10. An item is missing at move-out: how should it be treated?
In a furnished property, the move-in inventory is essential.
Article 7 provides that the tenant is responsible for damage and losses occurring during the tenancy in premises under their exclusive enjoyment, subject to statutory exceptions.
It is generally better to say an item is missing or lost, rather than “stolen” where theft has not been established.
11. Can a missing item be charged without being replaced?
The fact that the landlord does not immediately buy a replacement does not necessarily eliminate the loss.
But the amount cannot be arbitrary. The landlord should establish:
that the item existed at move-in;
that it was provided to the tenant;
that it is missing at move-out;
its prior condition;
its age;
a reasonably supportable value or replacement cost.
Avoid:
Item bought new for €250 ten years ago → automatic €250 deduction.
Age and condition may reduce the recoverable loss.
12. What if the item is damaged but repairable?
The amount should remain proportionate.
If a €25 handle can restore a cupboard, a €450 full-cupboard replacement may be hard to justify without a specific reason.
The landlord should be able to explain why the chosen solution is necessary.
13. Paint, holes and flooring: avoid refurbishment at the tenant's expense
One localized mark does not automatically justify repainting an entire property.
For paint, consider its move-in condition, age, extent of the damage, whether a touch-up is possible and ordinary wear.
For holes, the tenant-repair decree refers to filling holes where their number, size or location makes this a tenant repair.
For flooring, normal wear over several years should not be confused with a deep scratch or burn.
14. Missing keys, badges and remote controls
If a key, badge or remote control supplied to the tenant is not returned, a deduction may be possible if the cost is supported.
But distinguish between replacing one key, one badge, one remote control and replacing the entire lock.
Changing the full lock should not be automatic where the circumstances do not justify it.
15. Appliances: breakdown or tenant damage?
An appliance that no longer works at move-out is not automatically the tenant's responsibility.
Relevant factors include its age, move-in condition, nature of the failure, routine maintenance, incident history, wear and tear and possible misuse.
An old appliance reaching the end of its life is different from a recent appliance damaged by an impact.
16. Is the security deposit the maximum the landlord can claim?
No.
The deposit is a guarantee, not necessarily a ceiling on the loss.
If properly supported sums exceed the deposit, the landlord may claim the balance.
A written agreement may state the disputed items, initial positions, final amount, balance returned, date and signatures.
But a practical agreement should be distinguished from a legal transaction.
20. Be careful with settlement agreements
Article 2044 of the French Civil Code defines a transaction as a contract by which the parties, through reciprocal concessions, settle an existing dispute or prevent a future one. It must be in writing.
A transaction can have significant consequences for later court proceedings concerning the same dispute.
Avoid automatically adding wording such as:
The tenant permanently waives all legal remedies.
If the parties intend to conclude a true settlement, the document deserves careful drafting.
21. The tenant disputes every deduction: how can the matter remain amicable?
Do not immediately label the tenant's position as “bad faith”.
The first step is to ask for a line-by-line objection.
For example:
Please identify the deductions you dispute and explain your reason for each one.
Then:
send the detailed statement;
provide the supporting evidence;
request precise objections;
review the evidence again;
withdraw or adjust a weak deduction where appropriate;
propose a compromise on the genuinely disputed items only;
record any agreement reached.
This is usually more productive than a global confrontation.
22. What if the deposit is insufficient and the tenant refuses to pay the balance?
The landlord can begin with a clear written demand and, if necessary, a formal notice.
Before court, an amicable route may include written negotiation, a conciliateur de justice, the departmental conciliation commission where competent, or mediation.
For many civil claims of €5,000 or less, a prior attempt at amicable resolution is generally required before court proceedings, subject to statutory exceptions.
Court should remain the final step when evidence and amicable attempts have not resolved the matter.
23. What is the role of the departmental conciliation commission?
The CDC is free and helps landlords and tenants seek agreement.
For tenancies within its scope, it may deal with security-deposit disputes.
It can be useful where the tenant considers a deduction excessive, the landlord says a balance remains due, or direct negotiations have failed.
The CDC seeks agreement; it does not decide the dispute like a judge.
24. What if the landlord appears to be withholding too much?
The same reasoning must work in both directions.
The tenant can review each line:
is the difference recorded in the move-out inspection?
was it already present at move-in?
is it wear and tear?
is the repair actually necessary?
is full replacement justified?
is the amount supported?
does the quotation appear proportionate?
is the landlord really charging for an upgrade or refurbishment?
A large deduction is not automatically abusive, but it should be explainable and supportable line by line.
25. How can a tenant challenge a deduction effectively?
The tenant may request calculation details, inspections, photos, quotations, invoices where available and other evidence.
A precise objection is more useful than a general refusal.
Example:
I dispute the €450 deduction for repainting the living room. The move-in inspection already described the paint as old and the move-out inspection records only one localized mark. Please explain how wear and tear was taken into account and why repainting the whole room was necessary.
26. Formal notice can still be part of an amicable process
If exchanges fail, either party may send a formal notice.
It should remain factual, identify the amounts and disputed items, attach or request evidence, set a reasonable response period and, where useful, propose one final amicable solution.
A formal notice does not automatically mean litigation is inevitable. It can clarify positions before conciliation.
27. What is the deadline for returning the deposit?
Article 22 provides two main periods running from return of the keys.
Move-out condition matches move-in
The maximum period is 1 month.
Other situations
The maximum period is 2 months.
Any deductions must be properly supported.
28. Special case: charges in a collective building
In a collective building, the landlord may, under Article 22, retain a provision of no more than 20% of the deposit pending the annual service-charge accounts.
The final adjustment and return of the balance take place within one month after final approval of those accounts.
The parties may also agree amicably to settle all accounts immediately.
29. What happens if the deposit is returned late?
If the remaining deposit due is not returned on time, Article 22 provides for an increase of 10% of the monthly rent excluding charges for every monthly period begun late.
This increase does not apply where the delay results from the tenant's failure to provide their new address.
30. Returning the undisputed portion can prevent escalation
Where appropriate in the case, returning the amount that is not genuinely disputed can prevent a limited disagreement from turning into a conflict over the whole deposit.
Discussion can then continue only over the €150 in dispute.
Kitchen: oven heavily soiled, significant grease on hob and splashback.
The landlord provides an €85 cleaning quote. The tenant says they cleaned before leaving.
The key question is not whether the tenant says they cleaned, but what condition was objectively recorded at handover.
If the inspection and photos show a real cleaning need and the quote is proportionate, the deduction may be defensible.
If the inspection says the kitchen is clean and there is no contrary evidence, a fee added later is much harder to justify.
32. Practical example: missing chair not replaced
The move-in inventory lists six chairs in good condition. Five remain at move-out.
The landlord does not immediately want to buy another chair.
No immediate replacement does not necessarily mean there is no loss. But the amount should reflect the model or equivalent, initial condition, age, any relevant depreciation and a reasonable replacement value.
Automatically charging the historic new price for an already old chair would be open to challenge.
33. Practical example: a compromise on several deductions
The landlord claims:
cleaning: €90;
wall repair: €180;
missing remote control: €60.
Total: €330.
The tenant accepts the remote control, disputes cleaning and considers the wall repair excessive.
After discussion:
remote control: €60 accepted;
cleaning: withdrawn;
wall: agreed at €110.
Final amount: €170.
The parties can record this agreement separately from the initial statement.
34. Recommended seven-step method
1 — Compare
Compare move-in and move-out carefully.
2 — Classify
Wear and tear, maintenance, tenant repair, damage or loss.
3 — Value
Find a reasonable and proportionate cost.
4 — Support
Gather inspections, photos, quotations, invoices and other evidence.
5 — Itemize
Present every deduction separately.
6 — Discuss
Allow line-by-line objections.
7 — Seek agreement
Before formal conciliation or court, focus the discussion on the amounts that genuinely remain in dispute.
Frequently asked questions
Can the landlord automatically charge cleaning at every move-out?
No. A flat fee is not justified merely because the tenant is leaving. The need for cleaning and the cost must be supportable.
Can the landlord charge for their own cleaning time?
An arbitrary hourly rate should be avoided. The need for cleaning and a reasonable cost should be objectively supportable.
Is a quotation enough?
French case law accepts that a quotation may be sufficient for some tenant repairs. An invoice is not always necessary.
Must the landlord actually carry out the work?
Not necessarily in every case. Compensation may be allowed without immediate performance, but the breach and amount must be supported.
Can a missing item be charged without replacing it?
Not replacing it immediately does not necessarily eliminate the loss. The amount must however be supported and take age and previous condition into account.
Can the full new price of an old item be charged?
Not automatically. Wear and tear and previous condition should be considered.
Is the deposit the maximum the landlord can claim?
No. If supported sums exceed it, the balance may be claimed.
Must the tenant sign the statement to receive the balance?
No. The landlord's statement should be distinguished from any separate signed amicable agreement.
Can the parties sign an agreement on deductions?
Yes. A compromise can be recorded in writing. A true legal transaction involving reciprocal concessions requires greater care.
What if the tenant disputes everything?
Ask for line-by-line objections, provide evidence, reconsider weak deductions and propose agreement on the genuinely disputed points.
What if the landlord appears to be withholding too much?
The tenant can request evidence, challenge specific items, seek an amicable solution and then use conciliation or court if necessary.
What is the return deadline?
Generally one month if move-out matches move-in and up to two months in other cases, running from return of the keys.
What is the late-return increase?
The amount still due is increased by 10% of the monthly rent excluding charges for every monthly period begun late, except in particular where the tenant failed to provide a new address.
Key takeaways
A difference between move-in and move-out is not automatically chargeable.
Wear and tear must not be charged to the tenant.
Cleaning may justify a deduction where the need is recorded and the cost supported, but not as an automatic flat fee.
A quotation may be enough in some situations and the work need not always have already been carried out.
A missing item may amount to a loss even if the landlord does not immediately replace it.
The full new price of an old item should not be applied automatically.
Deductions should be itemized and supported.
The statement does not automatically need the tenant's signature.
A separate amicable agreement may record a compromise.
A true legal settlement should be distinguished from a simple statement.
Landlords and tenants benefit from discussing specific disputed lines rather than rejecting the other side's entire position.
The CDC and conciliateur de justice can help before court.
Statutory return deadlines must be respected or late-return increases may apply.
Conclusion
Good security-deposit management depends less on the number of deductions than on the quality of their justification.
For landlords, a robust method is to start from the inspection, distinguish wear and tear from damage, value each item reasonably and provide a clear statement.
For tenants, the key is to understand every deduction and challenge it precisely where it appears unsupported or disproportionate.
In both directions, a discussion based on inspection records, photos, evidence and line-by-line amounts has a much better chance of producing agreement than a global confrontation over the deposit.
Conciliation and court remain available where agreement is impossible, but they should normally follow a genuine attempt at amicable resolution.
