Can a tenant skip the last month's rent in France?
No: in France the deposit does not replace the last rent. Why, what the landlord can do, and the move-out statement when the last month was left unpaid, with figures.
Kivlo · Updated November 9, 2026 · Sources checked November 9, 2026 · 3 min read
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No. A French tenant cannot « pay themselves back » by skipping the last month's rent. Service-Public, the government's information site, puts it plainly: the tenant is forbidden to deduct the dépôt de garantie (security deposit) from the last rent, « c'est illégal ». The deposit secures the lease to its very end and is returned after the keys come back, minus what is still owed (article 22 of the law of 6 July 1989).
Why the deposit does not replace the last rent
The deposit covers whatever the tenant may still owe at the end: unpaid rent or charges, repairs, the charge reconciliation. Spent on the last month, it leaves nothing for damage found at the move-out état des lieux (inventory).
- It is capped at one month's rent excluding charges for an unfurnished let (two months furnished).
- It bears no interest and is never revised during the lease, so it is often worth less than the last, indexed rent.
- It is returned within one month of the keys if the move-out inventory matches the move-in one, two months otherwise.
Rent stays due until the notice period ends, even if the keys come back earlier, unless a new tenant moves in sooner with your agreement (see the notice period guide).
What the landlord can do
- State the rule in writing as soon as the tenant announces it, citing Service-Public. Many tenants believe in good faith that it is allowed.
- Remind, then send a formal notice once the due date passes (see late rent: when and how to chase it). The full procedure is in Unpaid rent in France: what to do, step by step.
- Claim from the guarantor, if any, from the first unpaid rent.
- Decline the quittance for that month: Service-Public says the landlord may refuse it, and a quittance certifies full payment.
If the debt remains, Service-Public also mentions going to court.
At move-out: the statement
Return the deposit within the legal deadline, minus the sums still owed, with evidence: the unpaid last rent and any damage beyond wear and tear.
Example. A flat let unfurnished at €690 plus €50 of charges. The deposit paid five years ago is €640 (one month of the rent at the time, never revised). The last month, €740, is not paid. The move-out inventory shows a broken cupboard door, €180 on a quote after wear and tear.
| Item | Amount |
|---|---|
| Deposit held | €640 |
| Last rent and charges unpaid | − €740 |
| Repair, tenant's share | − €180 |
| Balance | − €280 |
There is nothing to return: the tenant still owes you €280. Send the statement, the quote and both inventories within two months of the keys (the inventories differ), then claim the balance like any rental debt, from the guarantor if any, within three years. Had the last month been paid, you would have returned €640 − €180 = €460.
The deadline still runs
Send the statement on time even when the tenant left arrears. A late return of a balance due is increased by 10% of the monthly rent excluding charges for each month of delay started.
Common mistakes
- Agreeing orally that the deposit « pays » the last month: you lose all cover for the condition of the home.
- Keeping the whole deposit without a statement: every deduction is justified item by item.
- Forgetting the charge reconciliation: in an apartment building you may hold back up to 20% of the deposit until the building's accounts are approved.
The free deposit refund calculator gives the deadline and the late penalty for your dates. The full rules are in the security deposit guide. If the tenant leaves without a move-out inventory, see tenant left without a move-out inventory.
Have your own case checked
Every end of lease has its own dates and amounts. Before a large deduction or in a dispute, have your situation checked by the local ADIL, which gives free housing advice, or by a French lawyer.
Sources
- Article 22 of law no. 89-462 of 6 July 1989, security deposit (Légifrance, in French)
- Article 15 of the 1989 law, notice period (Légifrance, in French)
- Security deposit in a residential lease, Service-Public (in French)
- Paying rent in the private sector, Service-Public (in French)
- Unpaid rent and eviction, Service-Public (in French)
Last checked on 9 November 2026
A move-out with nothing forgotten
From the Pro plan, you carry out the move-out inventory in the Kivlo mobile app, with photos and signatures on the spot. Kivlo then reminds you of the deposit to return and its deadline, and keeps the lease's payment history for the statement.
Frequently asked questions
Can a French tenant use the deposit to pay the last month's rent?
No. Service-Public is explicit: deducting the deposit from the last rent is forbidden. The deposit secures the whole lease and is returned after the keys come back.
What can the landlord do if the last month is not paid?
Remind the tenant, send a formal notice, claim from the guarantor if there is one, decline to issue the quittance for that month and, as a last resort, go to court. At move-out, the landlord deducts what is still owed from the deposit, with evidence.
Is rent owed if the tenant leaves before the notice ends?
Yes. Rent and charges remain due until the notice period ends, unless a new tenant moves in earlier with the landlord's agreement.
Does the deposit deadline change if the last month is unpaid?
No. The landlord still has one month from the return of the keys if the move-out inventory matches the move-in one, two months otherwise, to return the balance or justify what is kept.
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Kivlo
Kivlo editorial team
Updated November 9, 2026 · Sources checked November 9, 2026 · 3 min read