Delay in the return of the deposit: no cumulation of penalties

The ALUR law protects the tenant against retention of security deposits. There is a maximum delay of one month from the delivery of the keys when the inventory of places of exit is in conformity with the state of places of entry.

Otherwise, the lessor is liable to a 10% increase in the price of the rent per month of delay.

In a decision of November 15, the Court of Cassation specifies that this sanction can not be cumulated with interest late payment at the legal rate (former article 1153 of the Civil Code). Reference: Civil Chamber 3 15/11/2018 No. 17-26.98.

This decision is logical.

On the one hand, it would amount to condemning the lessor twice for the same fault.

On the other hand, the special always derogates from the general.

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