BLOG I New tenant address
Rental: New address of the tenant
After conducting the moving-out inspection and inventory of fixtures, the next step for the tenant's departure is to return the security deposit. However, before that happens, they have to let the owner/landlord know about their new address, among other things.
The tenant must communicate his new address after departure
According to Article 22 of Law No. 89-462 promulgated on July 6, 1989, the process after the inventory of fixtures must go as follows:
The deposit must be returned to the tenant within a maximum period of 2 months, be it delivered by hand or by registered letter with acknowledgment of receipt, upon the return of the keys to the owner/landlord. But if there are discrepancies found between the initial inventory of fixtures (done during the arrival of the tenant), the deposit can be deducted or even used as compensation for damages, missing furniture, and the like.
On the other hand, the deposit must be returned within a maximum period of 1 month to the tenant, be it delivered by hand or by registered letter with acknowledgment of receipt, upon the return of the keys to the owner/landlord. Only when the exit inventory of fixtures is in accordance with the entry inventory of fixtures and there is no discrepancy found. In this case, the tenant is required by law to inform the owner of the address of their new home when returning the keys.
Owner not returning the security deposit
If the owner hasn't returned the security deposit after the period of 1 or 2 months, the amount due to the tenant will be increased. According to the Law of July 6, 1989, the amount will increase by a legal interest rate of 10% on the monthly rent excluding charges for all delayed payments.
It is also possible for the tenant to take this case to the Departmental Conciliation Commission of the prefecture where the rental property is located. They can help you reach a consensus with the owner/landlord.
Otherwise, the tenant is entitled to take this case to court and obtain an official judgment and oblige the owner to return the security deposit. Disputes relating to the return of security deposits relating to a rental lease must be brought before a local judge as long as the sums involved are equal to or less than €4,000.00. For higher sums, it will be necessary to turn to the district court to seize it.
Tenant not communicating his new address
If the tenant does not inform the owner/landlord of their new address, they're no longer entitled to the aforementioned increase. This is a result of a non-communication on the part of the tenant, which is a requirement set by Article 22 paragraph 3 of the 1989 Act. As a result, the tenant cannot accuse their (now-former) landlord of not returning the security deposit and oblige him of the payment.
- After the exit inventory of fixtures, the tenant is legally required to inform their (now-former) landlord of their new address.
- Upon this communication, the owner/landlord will then be legally required to return the security deposit.
- Failure to return the deposit within 1 to 2 months will result in an increase in the sum owed to the tenant.
- But if the tenant fails to inform the landlord of their new address, they're no longer entitled to the return deposit.
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Posted on 21/10/2021 by
Andy LECUYER
