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The dépôt de garantie: France's deposit rules, from the source

By Covered Abroad Research Desk · Last verified July 2026

For France's standard unfurnished rental, service-public.fr is categorical: the dépôt de garantie cannot exceed one month's rent excluding charges, it must be stated in the lease, and the landlord cannot raise it mid-lease or at renewal. It exists to cover tenant defaults and returns at the end of the tenancy under the restitution rules. One nuance: where rent is payable two-monthly in advance, different mechanics apply.

The cap and what the deposit legally is

Service-public.fr defines the dépôt de garantie as the sum the landlord holds against future tenant defaults, and sets the arithmetic for the standard unfurnished lease: at most one month's rent, excluding charges, written into the lease itself. Two protections ride with the cap: the amount cannot be increased during the lease or at its renewal, and at the end of the tenancy the landlord must return it under the restitution rules. The page also notes the common vocabulary error — French speakers say caution, which legally means a guarantor, not the deposit.

The rhythm of payment matters at the edges: where the lease has rent payable every two months in advance, the deposit mechanics differ — the same source covers that case, and furnished leases run under their own ceiling. When a listing asks for more than the applicable cap, the number itself is the red flag.

Source: Service-public.fr, F31269 — dépôt de garantie, read 4 September 2026.

Getting it back, and the paper that protects you

Deposit disputes are end-of-tenancy disputes, and they are won at move-in: the état des lieux (inventory of condition) signed at entry is the document the exit comparison runs against. Pay the deposit traceably, keep the lease stating the amount, photograph what the inventory describes — the boring file is the winning file.

For the wider first-apartment picture in France — the guarantor culture, the dossier — the France hub and our moving-to-France guides carry the context; deposits elsewhere run different caps, as our Germany page shows with triple the ceiling.

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Common questions

How much can a rental deposit be in France?

For the standard unfurnished lease: at most one month's rent excluding charges, stated in the lease, per service-public.fr. It cannot be raised mid-lease or at renewal. Furnished leases and two-monthly-advance rent arrangements run under their own rules.

Is a 'caution' the same as the deposit?

No — in French law caution means a guarantor (a person who commits to pay if you default). The deposit is the dépôt de garantie; service-public.fr itself flags the common mix-up.

How do I protect my deposit?

At move-in: a thorough signed état des lieux, traceable payment, and a lease stating the amount. The end-of-tenancy comparison runs against that entry inventory.

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