Verified steps:
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Page Summary
Date of keys, statements of places, deductions and deadlines are combined in a calculation.
To be done today
- Set the key handout
- Compare site records
- Send new address/RIB
Check the result
- Applicable time limit identified
- Deductions justified
- Ready-to-delay
Section actions
Who this guide is for
Section actions
- Renters leaving housing and claiming full restitution
- Persons receiving incomprehensible counts or unjustified deductions
- Renters and donors wishing a documented balance
To be prepared in advance
Section actions
- Lease and proof of deposit
- Status of places of entry and exit, photographs and possible old age grid
- Proof of delivery of all keys and new address
- Earnings, expense counts, estimates, invoices and exchanges
- RIB and calculation of amount claimed
Step-by-step procedure
Section actions
- 1Before departure, compare the accommodation to the condition of the place of entry and make only the rental repairs that are your responsibility. Normal wear and tear is not a degradation.
- 2Make the status of the exit site, keep the signed copy and prove the date of delivery of all the keys. Communicate the new address and the RIB; the deadline starts from the delivery.
- 3Check the delay: one month if the site records are compliant, two months if differences can justify withholding. In co-ownership, a limited share may be provisionally retained until charges have been settled.
- 4Ask for details of the deductions. Rents, charges and reparations must correspond to a debt or difference found and be justified; old age must be taken into account.
- 5In case of an incorrect amount or delay, send a registered notice with AR: dates, filing, key delivery, calculation, challenge and payment deadline. Attach copies.
- 6The balance due shall be increased by 10 % of the monthly rent excluding expenses per month of delay started, subject to legal exceptions, in particular the absence of communication of the new address.
- 7If the dispute persists, refer the matter to the Departmental Conciliation Commission or a conciliator, and then to the Protection Litigation Judge according to the procedure. Do not replace the last rent with the deposit.
Main limits of the security deposit
Section actions
Scroll the table horizontally to display all columns.
| Lease | Maximum entrance | Standard time limit for refund |
|---|---|---|
| Empty rental | 1 month rent excluding expenses | 1 months if records are consistent; if not up to 2 months |
| Traditional Furnace | 2 month rent excluding expenses | 1 months if records are consistent; if not up to 2 months |
| Mobility lease | Prohibited security deposit | Not applicable |
Common mistakes
Section actions
- Do not prove date of delivery of all keys
- Forget to give the new address
- Accept a package without proof or connection to the condition of the property
- Paying for normal old age as a degradation
- Do not pay the last rent by compensating it with the deposit
Official sources
Section actions
Important remark
The retention depends on the lease, the physical records, the proofs, the old age and the charges. Check the time and court procedure according to the amount and date of the dispute.
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