It’s a common question at the end of a rental agreement: “Can I use my security deposit to pay the last month’s rent?”
The answer is simple: no, never.
French law strictly regulates the purpose of the security deposit, and using it to pay rent is illegal.
Lokim explains why, what the law says, and the potential risks involved. 

What Is the Security Deposit?

The security deposit is an amount paid by the tenant when signing the lease.
Its purpose is to protect the landlord by covering any issues caused by the tenant at the end of the tenancy, such as:

• unpaid rent or utility charges,

• repair costs for damages,

• or the cost of restoring the property to its original condition.

Maximum Amounts Allowed by Law

• Unfurnished rental (main residence): up to one month’s rent excluding charges (Article 22 of the Law of July 6, 1989).

• Furnished rental (main residence): up to two months’ rent excluding charges (Article 25-6).

• Mobility lease: no deposit may be requested (Article 25-17, ELAN Law).

What the Law Says

Article 22 of the Law of July 6, 1989 clearly states that the security deposit:

“Cannot be used by the tenant to pay rent. It must be returned within a maximum period of one month from the handover of the keys if the exit inspection matches the entry condition report, or within two months otherwise.”

This rule is officially confirmed on the French government website:
👉 Service-Public.fr – Can the security deposit be used to pay the last month’s rent?

In short: even if the deposit amount equals one month’s rent, it can never be used to pay the last rent due.

Why Is This Forbidden?

The security deposit is not a means of payment, but a precautionary amount that the landlord keeps until the end of the lease.
It allows the landlord to check that:

• the property is returned in the same condition as when the tenant moved in,

• all sums due (rent,cleanings, utilities, repairs) have been paid.

Only after these verifications — once the keys are returned — may the landlord or agency refund the deposit, minus any justified deductions.

What Happens If a Tenant Doesn’t Pay the Last Rent?

Refusing to pay the last month’s rent on the assumption that the deposit will “cover it” creates an unpaid rent situation.
Possible consequences include:

• a formal notice (mise en demeure) or an order to pay,

• The last rent is officially unpaid on all the documents

• full retention of the deposit,

• or even legal recovery proceedings if the unpaid amount exceeds the deposit.

In all cases, the tenant remains legally liable for rent payments until the end of the lease, even during the notice period.

When Must the Security Deposit Be Returned?

The landlord has a legal deadline to return the deposit:

• 1 month if the exit condition report matches the entry inspection,

• 2 months if differences are noted (repairs, outstanding charges).

If the landlord exceeds these deadlines without justification, they must pay the tenant a 10% monthly penalty based on the rent amount for each month of delay.

Good to Know

• If rent is paid in advance for more than two months, the landlord cannot request a security deposit.

• In co-owned buildings (copropriété), the landlord may retain up to 20% of the deposit until annual service charge adjustments are finalized.

• Under a mobility lease, no deposit is allowed, but the tenant may use a Visale guarantee (a free government-backed rental guarantee).

Lokim’s Advice

At Lokim, we assist both property owners and tenants throughout every stage of the rental process — from move-in to deposit refund.
Our mission is to protect both parties by:

• ensuring full compliance with legal obligations,

• and guaranteeing a fair, transparent, and stress-free move-out.

💡 Pro tip: Always communicate with your Lokim property manager before your final payment or move-out. This helps prevent misunderstandings and ensures your deposit is returned on time.

Legal References

• Service-Public.fr – Can the security deposit be used to pay the last month’s rent?

• Law n° 89-462 of July 6, 1989 – Articles 22, 24, 25-6

• ELAN Law 2018 – Article 25-17 (Mobility lease)

• French Civil Code – Articles 1731 and following

Want to Go Further?

Are you the owner of a property in Paris or the Paris region?
Lokim can handle the rental, management, and return of deposits for you — in full compliance with French law and deadlines.
👉 Contact Lokim for smooth and secure property management.