Can the security deposit be used to pay the last month’s rent?

No. The tenant cannot decide to offset the deposit against their last rent: the deposit covers any breaches noted at departure and is returned after the move-out inventory.

What if the damage exceeds the deposit amount?

The landlord keeps the deposit and can claim the balance from the tenant, with supporting evidence. In case of disagreement, the departmental conciliation board then the judge can be called upon.

Is the security deposit mandatory?

No, it is not mandatory, but it is strongly recommended. If provided for, its amount must respect the legal cap (1 month unfurnished, 2 months furnished).

Security deposit: amount, return and deductions

Updated on July 6, 2026 · 6 min read

The security deposit covers the tenant’s possible breaches (unpaid rent, damage). Its amount is capped, its return governed by strict deadlines, and any deduction must be justified. Failing to follow these rules exposes the landlord to penalties.

A capped amount

The security deposit is limited to one month’s rent excluding charges for an unfurnished let, and two months’ rent excluding charges for a furnished let. It is paid on signing the lease and cannot be revised during the contract.

Do not confuse it with the surety: the security deposit is a sum of money, whereas the surety is a person (the guarantor) who undertakes to pay if the tenant defaults.

The return deadline

After the tenant leaves, the landlord returns the deposit within a deadline that depends on the move-out inventory:

one month when the move-out inventory matches the move-in one;
two months when deductions are justified by damage or unpaid rent.

Justified deductions

The landlord may only withhold a sum with supporting evidence: quotes, invoices, or a comparative inventory showing damage attributable to the tenant (beyond normal wear). A flat, undocumented deduction can be challenged.

The move-in and move-out inventory is the key document here: without it, proving damage becomes very difficult.

The late penalty

If the landlord exceeds the legal return deadline, the deposit still owed is increased by a penalty equal to 10% of the monthly rent excluding charges for each month of delay started. Tracking deadlines and preparing the statement in advance avoids this extra cost.

Frequently asked questions

Can the security deposit be used to pay the last month’s rent?: No. The tenant cannot decide to offset the deposit against their last rent: the deposit covers any breaches noted at departure and is returned after the move-out inventory.
What if the damage exceeds the deposit amount?: The landlord keeps the deposit and can claim the balance from the tenant, with supporting evidence. In case of disagreement, the departmental conciliation board then the judge can be called upon.
Is the security deposit mandatory?: No, it is not mandatory, but it is strongly recommended. If provided for, its amount must respect the legal cap (1 month unfurnished, 2 months furnished).