How do I get the security deposit back?
Unlike the residential lease which provides for a period of 2 months, the law does not mention any period for the commercial tenant to be returned the security deposit after he has returned the rented premises.However, it should be recalled that Article L. 145-40 of the Commercial Code provides that sums exceeding the price of two rental terms bear interest for the benefit of the tenant.
That being said, there may be a time limit in the commercial lease for the return of the security deposit.
Failing this, this security deposit must be returned within a so-called “reasonable” period, and the lessor who refuses to return it despite having made no claim for rental repairs, is liable to a financial penalty.
It is also necessary that the tenant cannot offset the last rent terms with the security deposit, which would also expose him to a judicial sanction.
Our firm assists tenants in recovering security deposits that may be improperly retained by landlords.
It is often the case that a simple formal notice from a lawyer is sufficient to obtain the return of this security deposit.
Nicolas Pchibich
Avocat associé
Responsable "Immobilier commercial"
Stéphane Ingold
Avocat associé
Responsable "Immobilier commercial"
