We have our primary residence in the UK but spend about 5-6 months per annum in France. As we want to buy property, we first rented a furnished house.Upon signing the contract, the landlord demanded a bank guarantee (caution bancaire) for 12 months rent. As this would have taken a long time to establish (we had no French bank account then), we agreed on a deposit of 6 months rent (plus 2 months as deposit for furniture), which we paid to the landlord.We suspect that the landlord is relatively tight financially and are worried that it will be impossible to get the deposit back upon our departure. Thus we would like to find out if there's another way of making that happen that is provided by French law, or if we should revert to the bank guarantee.
researched the internet
Thank you for your question.
French law puts a cap on the amount of deposit the owner can ask. This ranges from 1 to 2 months according to the nature of the property as explained on this official website:http://vosdroits.service-public.fr/particuliers/F18391.xhtml
I therefore suggest that you agree with the owner to apply the excess deposit towards future rent. You should also enter into a bank guarantee and get the owner to transfer the deposit to the bank.
You should ensure to put your agreement in writing so you have proof of what was agreed.
I hope this answers your question. Please don't forget to click accept. Thanks in advance.
Thank you for your information. Unfortunately, the regulations you linked to are not applicable in our case of a furnished rent. (Les dispositions qui suivent ne concernent pas les locations meublées, qui ne sont régies que par le contrat écrit ou verbal qui lie le propriétaire au locataire.).What does this change?Kind regardsJohn
I'm sorry I missed that piece of information.
Regrettably, the 1989 law on rented properties does not apply in full to furnished rentals.
There is therefore no legal restriction on the terms of deposits for furnished properties.
Nonetheless, I do suggest that you contact the owner and see if he will agree to apply the deposit towards outstanding rent. Otherwise you could suggest that he put into a joint bank account.
I'm sorry if this is not what you wanted to hear, but unfortunately that is the situation under French law.
When you are ready to move out, you will need to give one month's advance notice of your desire to end the tenancy. You should send this by registered mail with recorded delivery to have proof of correspondence.
You will also need to establish an "état des lieux" upon moving out. Make sure you do this very thoroughly. If the owner won't agree to it, you can get an "huissier de justice" to do one on your behalf.
Now if the owner does not pay you your deposits back, you should contact your local Agence Départementale pour l'Information sur le Logement and ask to have recourse to the Commission Départementale de Conciliation. You'll find your nearest ADIL here:
I hope this answers your question.
Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
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