Delai Legal Pour Rendre Une Caution

If the owner©waives the deferred©©penalty for the return of the warranty, he is liable to© penalties©©. Indeed, in addition to the amount of the deposit, he must pay the tenant a salary©©©of 10% of the monthly rent free of charge and per month of delay. Careful! The deposit is called “security” in everyday language, but the deposit – a legal term – does not have the same meaning. “Guarantee” means that a person belonging to the tenant and the landlord vouches for the tenant`s mistakes, for example, in the event of non-payment of rent. In case of late return, the tenant is entitled to default interest. If the landlord does not respond in time, the tenant has the option to demand a 10% compensation in case of late return. The landlord must therefore reimburse the deposit as well as a 10% increase in the monthly rent free of charge for each month or part of it of the delay. You should know that the deposit is used to guarantee the payment of rents. It is therefore normal for the landlord©to deduct other unpaid rents©from the reimbursement of the©guarantee payment©.

Unfortunately, this rule has led® to a large number of abuses. Hello, My landlord has just sent me invoices to justify not returning the deposit, but it is out of time (inventory on April 19, receipt of the email on June 28). Can he withhold money if he has fallen out of time or does he simply have to give everything back? Thank you in advance, Emilie This procedure©is mandatory in order to be able to take©the judge. Arbitration is free for both the tenant and the©landlord. Example: If the deposit is refunded within 2 months and 5 days after delay, the landlord must pay an indemnity of 10% for each month or part of a month to the tenant or 3 times 10%, even if the third month has only started 5 days. The late payment is therefore 30% of the rent plus the return of the deposit. The period of repayment of a deposit is regulated by law. The owner is required to refund the deposit within 1-2 months, depending on the condition of the accommodation at the time of handing over the keys. In order to legitimize a deduction from the deposit, the owner must provide supporting documents.

In the event of a dispute, legal remedies are available. The tenant can anticipate all the chances and put them on his side to recover his deposit quickly. As soon as the notice of termination is sent, he can carry out the rental repairs and ensure a delivery of the keys as he wishes. In general, ©© the rule of the date of©return of the guarantee is not respected©. Many landlords©are slow to spend the amount due to the tenant. If you find yourself in this situation and want to correctly make a request for a refund of the guarantee payment to access the procedure©, here is the method© to follow: at the departure of the tenant, an exit inventory will be carried out, with which you will be able to compare the condition of the housing at the entrance of the tenant and©© at the©exit. If the inventory of the exit devices corresponds to the inventory of the entry devices, the owner has a period of one month to return to the tenant the amount corresponding to the deposit. Namely, if the owner does not reimburse all or part of the deposit within the time limit, the law prescribes to the owner an increase of 10% of the monthly rent free of charge for each month or part of the delay (Article 22 of Law No. 89-462 of 6 July 1989). Note that the tenant must send his future address to the owner. If this is not the case, the supplement is not due.

The period of repayment of the deposit by the owner depends on the type of rental. In fact, there are different types of rental, namely: In the event that the landlord still refuses to refund the deposit, the tenant can refer the matter to the Arbitration Commission to©settle the dispute amicably. In addition, unpaid fees are also factors that affect the time it takes to repay the deposit. For example, if the tenant has unpaid rents, the landlord also has a period of two months` rent after returning the keys to return the tenant`s deposit minus the total amount of the unpaid fees As for other types of rental, the time frame for returning a deposit depends on the rental agreement. Here, this period is not set by law, but usually specified in the rental agreement. The outgoing tenant is obliged to inform the owner of his new address when leaving the apartment and to give him the keys. This allows the owner to send him the deposit check after he leaves. Otherwise, the tenant who has not left his new data to the owner will not be able to claim the compensation of 10% due in case of late repayment of the deposit.