Tenant damage beyond the deposit in France: recovering it
Repairs cost more than the deposit: deduct first, then reminder, formal notice, guarantor, Visale, conciliation and a payment order, step by step under French law.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 3 min read
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When the repairs a tenant owes cost more than the security deposit, you first deduct the duly justified sums from the deposit, then claim the balance: reminder, formal notice, the guarantor or Visale if there is one, conciliation, and finally a payment order from the court. Under French law the tenant answers for damage during the lease, unless they prove force majeure, the landlord's fault or a third party they did not let in (article 7 of the law of 6 July 1989), and you have three years to act.
This guide is part of our file Unpaid rent in France: what to do, step by step.
What you can charge, in two lines
The tenant pays for damage and for tenant repairs left undone, including damage caused by people living with them, guests or contractors they called in. Normal wear (vétusté) and force majeure stay with you, and a wear-and-tear grid applies only if the lease adopts one. Details and calculations are in Wear and tear grid and our wear-and-tear calculator.
1. Deduct from the deposit first
The deposit is returned within one month of the keys if the move-out inventory matches the move-in one, two months otherwise, minus sums still owed, provided they are duly justified (article 22). Quotes, invoices and inventory photos are your evidence.
Return the balance on time even if a dispute is coming: lateness is penalised, and the deduction does not stop you claiming the rest. Deadlines and the penalty are explained in Security deposits in France: deadline and deductions, and our deposit refund calculator applies them to your dates.
2. Claim the balance from the tenant
Send the tenant, at the new address they must give you when handing back the keys, a written statement: repair costs, wear deducted, amount kept from the deposit, balance due, with the evidence.
If they do not pay, send a formal notice (mise en demeure) by registered letter with acknowledgment of receipt. It makes statutory interest run on the sum owed (articles 1344 and 1344-1 of the Civil code) and proves you claimed before going further.
3. Call on the guarantor or Visale
The guarantor (caution). Service-Public lists the cost of restoring a damaged home among the tenancy debts a guarantor covers. Read the deed: its amount, its duration and the type of guarantee (simple or joint and several) decide how to proceed. See The guarantor won't pay: how to enforce the guarantee.
Visale. In the private sector, Service-Public says Visale, the free guarantee from Action Logement, covers damage on the tenant's final departure up to two months of rent and charges stated in the lease. See Visale: how to claim unpaid rent.
4. Try conciliation
To sue for a sum of no more than €5,000, the claim must first go through an attempt at conciliation, mediation or a participatory procedure, on pain of inadmissibility (article 750-1 of the Code of civil procedure, which lists exceptions). The conciliateur de justice, a volunteer court mediator, is free. The same article waives this step when you have first tried the simplified recovery procedure through a commissaire de justice without success (see step 5).
5. Get an enforceable title: payment order or simplified procedure
If conciliation fails, Service-Public describes two routes:
| Route | For which debt | What to know |
|---|---|---|
| Injonction de payer (payment order) | Certain, of a set amount and due, no ceiling | Free request if you file it yourself; since 1 September 2026 the order must be served within 3 months |
| Simplified recovery procedure | Up to €5,000 | Run by a commissaire de justice (court enforcement officer) |
A payment order is an enforceable title: the commissaire de justice can then seize the sums owed.
The time limit: three years
All actions arising from a lease are time-barred after three years from when you knew, or should have known, the facts (article 7-1). As we read it, for damage that starting point is usually the move-out inventory.
Worked example
Deposit of €700. At move-out, repairs backed by quotes: €2,500, of which €600 is wear under the lease's grid. Owed by the tenant: €1,900.
| Step | Amount |
|---|---|
| Repairs due after wear | €1,900 |
| Deducted from the deposit, within the article 22 deadline | −€700 |
| Balance to recover | €1,200 |
- You send the statement with the quotes, then a formal notice by registered letter.
- The lease had a joint and several guarantor: you claim the €1,200 from them by registered letter.
- Still unpaid, and under €5,000: you contact a conciliateur de justice.
- With no agreement, you file a payment order request, or hand the simplified procedure to a commissaire de justice.
Have your own case checked
This is general information, not advice for your own case. Before starting a procedure, have your statement checked by a commissaire de justice or a French lawyer, or by the local ADIL (Agence départementale d'information sur le logement), found through ANIL, which gives free housing advice.
Sources
- Article 7 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
- Article 22 of law no. 89-462 of 6 July 1989 (Légifrance, in French)
- Article 7-1 of law no. 89-462, time bar (Légifrance, in French)
- Damage to a rented home: who pays?, Service-Public (in French)
- Payment order and simplified procedure, Service-Public (in French)
- Article 750-1 of the Code of civil procedure (Légifrance, in French)
Last checked on 9 November 2026
A documented move-out, a deposit returned on time
From the Pro plan, you carry out the move-out inventory in the Kivlo mobile app, room by room, with photos and signatures on the spot. Kivlo then reminds you of the deposit to return. The free wear-and-tear calculator works out the tenant's share.
Frequently asked questions
What if the repairs cost more than the deposit?
First deduct the justified sums from the deposit, then claim the balance from the tenant in writing and by formal notice. If nothing comes, call on the guarantor or Visale if they cover damage, then go through conciliation and a payment order.
Does the tenant pay for normal wear and tear?
No. Wear (vétusté) and force majeure remain the landlord's, even when the repair appears on the list of tenant repairs. Only damage the tenant answers for can be charged.
Does the guarantor have to pay for damage?
Service-Public lists the cost of restoring a damaged home among the tenancy debts a guarantor covers. Check what the signed guarantee deed actually covers.
How long does a landlord have to claim?
Three years from when the landlord knew or should have known the facts. As we read it, for damage that is usually the move-out inventory.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 3 min read