For an empty (unfurnished) flat in France, the dépôt de garantie cannot legally exceed one month's rent excluding charges, and the lease must run for at least three years, according to the official service-public.gouv.fr guidance. Those two numbers surprise many new arrivals, who often come from countries with shorter leases and larger deposits. The rules are protective, but they only protect you if you can read the document you are signing. A French lease is written in dense administrative French, and a few key words carry most of the meaning.
What is the difference between a logement vide and a logement meublé?
A logement vide is an unfurnished flat and a logement meublé is a furnished one, and the choice changes your rights on length, notice and deposit. Check the first page of the bail to see which one you have been offered.
| Logement vide (empty) | Logement meublé (furnished) | |
|---|---|---|
| Minimum lease length | 3 years | 1 year (9 months for a student) |
| Tenant's notice | 3 months | 1 month |
| Maximum deposit | 1 month's rent excl. charges | 2 months' rent excl. charges |
There is also the bail mobilité, a short lease of one to ten months that cannot be renewed beyond ten months and allows no deposit. Empty rentals also have a one-month notice in specific situations, which service-public.gouv.fr lists on its notice-period page.
Which words in the bail do you need to know?
About nine words appear in every French lease, and knowing them lets you read the document yourself instead of trusting a summary.
- Le bailleur / le propriétaire: the landlord
- Le locataire: the tenant (that is you)
- Le loyer hors charges: the rent excluding service charges
- Les charges: the service charges (water, building upkeep and so on)
- Le dépôt de garantie: the security deposit
- Le préavis: the notice you give before leaving
- Le congé: the formal notice to end the lease
- L'état des lieux: the inventory of the flat's condition
- La caution: the guarantor (not the deposit, a common mix-up)
Watch that last word. Caution in a French lease usually means a person who guarantees your rent, while the money you hand over is the dépôt de garantie. Mixing them up in an email to an agency causes real confusion.
What should you check in the état des lieux?
The état des lieux is the signed inventory of the flat's condition, and it decides whether you get your deposit back. You do one when you move in and one when you leave, and the two are compared.
Go room by room and write down every mark, however small. Useful sentences for the visit:
- Il y a une tache sur le parquet, pouvez-vous la noter ? There is a stain on the floor, can you note it?
- Le robinet de la salle de bain fuit. The bathroom tap is leaking
- Je voudrais ajouter une remarque avant de signer. I would like to add a comment before signing
- Pouvez-vous m'envoyer une copie ? Can you send me a copy?
Do not sign a form you have not read, and do not accept "we will fix it later" without writing it down. If the exit inventory matches the entry one, the landlord must return your deposit within one month of you handing back the keys. If it does not match, the limit is two months, and the landlord may deduct for damage.
How do you give notice and get your deposit back?
You give notice in writing, respect the notice period of your lease type, and then wait for the deposit within the legal deadline. For an empty flat the usual notice is three months, and for a furnished flat it is one month.
Typical sentences for a notice letter or email:
- Je vous informe de mon intention de quitter le logement. I am informing you of my intention to leave the flat
- Mon préavis commence à la réception de ce courrier. My notice starts on receipt of this letter
- Veuillez m'indiquer la date de l'état des lieux de sortie. Please let me know the date of the exit inventory
Always give the landlord your new address when you return the keys. If the landlord is late returning the deposit, they owe an extra 10% of the monthly rent excluding charges for each month of delay started, but that penalty does not apply if the delay comes from you not providing a new address.
This is general information, not legal advice. For a specific problem, the local ADIL (Agence départementale pour l'information sur le logement) is the free official place to ask.
Reading a lease is one thing, and negotiating one by phone with an agent speaking fast is another. If you want to rehearse the viewing, the questions about charges and the exit inventory out loud, Yann, a certified French teacher, can role-play the agent with you. Book a free trial lesson at frenchwithyann.com and bring a real lease to work through together.
Common questions
What is the difference between a logement vide and a logement meublé?
A logement vide is an unfurnished rental and a logement meublé is a furnished one. The difference changes the minimum lease length, the notice period and the maximum deposit, so check which one your bail says before you sign.
How much can a landlord ask for as a deposit in France?
For an empty flat the dépôt de garantie cannot exceed one month's rent excluding charges. For a furnished flat the limit is two months. A bail mobilité allows no deposit at all.
How long does the landlord have to return the deposit?
One month after you hand back the keys if the exit état des lieux matches the entry one, and two months if it does not. For each month of delay the landlord owes you an extra 10% of the monthly rent excluding charges.