He does not give the deposit to his tenants, this owner must pay them more than 6,000 euros

After handing over the keys, an owner has two months to make his security deposit to the tenant. Better not to go beyond this period.

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Owner From an apartment, the couple D. bites their fingers for not having returned their security deposit to their tenants, Mr. and Mrs. Y. The latter had terminated their lease on January 4, 2016 and handed over the keys to donors on April 4, 2016, we read in a court decision deciphered by the Adonis law firm on its website. Arrives on June 4, 2016: no restitution of deposit. Gold “The security deposit provided for by the lease must be returned within a maximum of two months from the delivery of the keys to the lessor or to his agent, by hand -off or by registered letter with acknowledgment of receipt”Recalls Adonis Avocats. Specifying that “This period is reduced to one month when the inventory of exit conforms to the inventory of entry».

Having never seen their security deposit, an amount of 1,486 euros All the same, on which they did not want to sit, the spouses Y. ended up seizing the judge of the litigation of the protection of the judicial court of their place of residence. Their request: the return of the security deposit, increased by 10% of the monthly rent excluding charges, or around 148 euros, per month of delay. Indeed, “If the security deposit is not returned within the deadlines, the remaining sum due to the tenant is increased by 10% of the monthly rent for each month behind. This sanction is provided for in article 22 of law n ° 89-462 of July 6, 1989 and aims to protect the tenants against the abuses of certain donors ”underlines the law firm.

Real estate: these departments that alleviate your notary fees despite the increases

A savory invoice with the increase of 10% of the deposit

On the date of referral to the judge, in March 2019, about thirty months after the deadline of June 4, 2016 for the restitution of the deposit, the increase amounted to … 4,864 euros. By judgment of September 15, 2020, the protection litigation judge ordered the donors to pay to couple Y. The sums of 1,486 euros, under the return of the security deposit, and 4,864 euros under the legal increase. Or a total of 6,350 euros. It is expensive to restore the repository to the security deposit …

In such a case, to put the owner in notice to make the security deposit and pay the increase, the tenant must send him a registered letter with acknowledgment of receipt. When the owner refuses to make the deposit of the warranty despite this registered letter, the tenant must initiate other steps, which depend on the amount due by the owner. It is only when it exceeds 5,000 euros that the tenant can seize the judge directly. But he can first initiate an amicable approach by involving a justice conciliator, the departmental conciliation commission or a civil mediator. As it must do when the amount due is less than 5,000 euros.