What is the difference between the deposit and the security deposit?
The deposit is an amount that the guarantor will pay in case of non-payment on the part of the tenant.
Indeed, "to stand surety" means to be a guarantor. But the term "surety" is
used otherwise to set the security deposit.
Namely that the security deposit is paid by the tenant and not by his guarantor. It is a sum that the landlord collects at the signing of the lease and which will be returned to the tenant after inventory of fixtures after deduction of the sums remaining due by the latter (rents and charges, damage, etc.)
Most landlords try to protect themselves from unpaid rent by requiring guarantees, and the bond and security deposit are part of it.
What are the differences between deposit and security deposit in the case of rental?
Security deposit and deposit are two types of guarantees given to the owner of a dwelling during the rental period. These guarantees are cumulative and they are used to cover any debts (rents, charges) and repairs to the housing following any damage.
The security deposit is a sum of money paid at the signing of the lease. It is kept by the lessor for the duration of the lease. At the end of the lease, it is either returned to the tenant or kept partially or totally to cover the rental debts.
The surety is a natural or legal person who undertakes to pay the tenant's debts in the event of default. It is not mandatory.
The security deposit has the advantage of being easier to use since the funds are already in the lessor's bank account.
To ask the surety to replace the defaulting tenant, the steps are more complex : sending registered letters with acknowledgment of receipt, calling the services of a bailiff, seizure of the Court, etc.
What is the security deposit?
The amount of the security deposit cannot exceed one month's rent excluding charges in empty rental, and two months in furnished rental.
At the end of the lease, the landlord can:
- return the amount within 1 month from the handover of the keys
- keep partially or totally to cover unpaid or any damage observed during the inventory of fixtures of exit. Any deduction must be justified (inventory, bailiff's report, estimates, invoices, formal notices to pay, etc.).
Please note:
- Rents must be paid until the end of the lease.
- In the event of rent paid in advance for a period of more than two months, which is particularly the case with quarterly rent, no security deposit can be claimed.
What iscaution ?
A noter:
- Être caution est un engagement important, formalisé par un acte de cautionnement. Si votre caution ne rembourse pas vos dettes locatives, ses biens et revenus peuvent en être saisis.
- Il existe une alternative à une caution physique : le dispositif Visale qui permet de cautionner certaines catégories de locataires.
Caution simple et caution solidaire ?
Il existe deux types de caution : la caution simple et la caution solidaire.
En cas de caution simple, le bailleur réclame le paiement des dettes au locataire par voie d’huissier, avant de faire appel à la caution. En cas de caution solidaire, il peut faire appel directement à la caution pour régler les impayés.
- The deposit is an amount that the guarantor will pay in case of non-payment on the part of the tenant.
- The security deposit is paid by the tenant and not by his guarantor. It is a sum that the landlord collects at the signing of the lease and which will be returned to the tenant after inventory of fixtures after deduction of the sums remaining due by the latter (rents and charges, damage, etc.)
- There are two types of surety: the simple surety and the joint and several surety.
- The security deposit is a sum of money paid at the signing of the lease. It is kept by the lessor for the duration of the lease. nt to cover rental debts.
- The surety is a natural or legal person who undertakes to pay the tenant's debts in the event of default. It is not mandatory.
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Posted on 02/01/2023 by
Andy LECUYER
