The landlord and tenant are free to set the amount of the security deposit, except in one case.
The law limits the amount of the security deposit :
- - to 1 month's rent excluding charges for the lease of an unfurnished property that constitutes the tenant 's principal residence (Sheet: Renting an unfurnished property). These leases are the most frequent in practice. For this type of lease, it is forbidden to ask for a security deposit of an amount greater than one month's rent in principal.
- - To 2 months' rent in principal, for the lease of a furnished property that is the tenant's principal residence, concluded since March 27, 2014.
For all other leases, to date, the law does not set the amount of the security deposit. It can therefore be more than one month's rent. Such is the case for:
Please note: in the case of commercial leases, there is a rule, which is rarely respected in practice, but which cannot be set aside by a clause in the lease.
If, taking into account the rent payable in advance and the security deposit, the lessor has in his hands more than two terms of rent in advance, the sums exceeding two terms will bear interest for the benefit of the lessee, at the rate practiced by the Bank of France for advances on title.