Ddeposit amount legal in France

[Clair]

Hi

Just a simple question... I ask for 150€ per week in cash as security deposit on arrival. That worked out fine for UK and Spanish visitors this summer until a French family said that I was not allowed by law to ask for more than 20% of the rental value... I later read something along the same lines on the French Service Public website.

So my French paperwork now says 20% and my English paperwork still says 150€... As we're putting a small above ground pool in next year, I want to increase the 150€ to 300€, but it seems I cannot increase the deposit for French visitors...

Any thoughts?

Thank you

[Russethouse]

I'm confused

Did your French guests mean that its illegal to ask for more than 20% in France ? In which case surely it would apply to all your guests whatever their nationality ?

Or do you think they meant only French people ( which seems a little unlikely IMHO, wouldn't that open another can of worms ?)

I have never heard of it before but if you don't get replies here why not ask the local tourist office.

Good Luck

[Clair]

[quote]I'm confusedDid your French guests mean that its illegal to ask for more than 20% in France ? In which case surely it would apply to all your guests whatever their nationality ?Or do you think they me...[/quote]

You ask "Did your French guests mean that its illegal to ask for more than 20% in France ?" Yes, it is according to this text from the Service Public website www.service-public.fr

"Caution ou garantie

Pour une location conclue sans intermédiaire, le montant du dépôt de garantie ne peut excéder 20% du prix de la location et est versé à l'entrée dans les lieux contre remise d'un reçu. Le loueur a le droit d'encaisser la caution. Lorsque la location est faite par un intermédiaire (un agent immobilier par exemple), une commission peut être demandée. Son montant non réglementé peut être à la charge du propriétaire ou partagé."

"Translation: For a  rental agreed without intermediary, the caution or garantie must not excedd 20% of the cost of the rental and is paid on arrival against a receipt. The owner can cash the caution. When a third party (agent) is included, a commision can be requested. Its amount is not regulated and can be paid for by the owner or shared."

"In which case surely it would apply to all your guests whatever their nationality ?" Yes indeed. The reason I ask for a defined amount from non-French visitors is that they do not know the ruling and as the French do, I ask them for 20%.  

When I asked my Dutch neighbours his thoughts, he answered " I am not French, so I do not have to know about this"...

Good luck to you too!

[Andrewjspencer]

interesting - we paid a caution of 200 euros against a rental of 825 euros - I make that just over 24%. Glad we got it all back on departure!

[SC]

A French mobile home/campsite operator near us charges a caution of '180€ for equipment and 30€ for cleaning', which would exceed 20% of a two week rental there. It's made plain that this is not the limit of the guest's liability.

A bigger can of worms is the law regarding method of reservation (or ordering if applied to goods) deposit and balance payment. There are two types of contract: Arrhes (the default) and acompte.

Arrhes: reservation deposit 25%, if guest cancels they lose their deposit, if proprietors cancel they refund twice the deposit.

Acompte: reservation deposit on account 25%. If guest cancels they lose deposit and must pay the balance of the rental, if proprietors cancel they refund deposit and guest's other losses.

Contracts are deemed to be arrhes if not otherwise stated. Balances and caution are paid on arrival.

sc

 

 

[Fil]

Hi,

20% of say €750 would be €150 would it not and that translates to £500 or thereabouts which is a very low rental for a peak season with a pool so summer lets should be no problem as far as I can see.

The problem comes with winter lets of maybe €200 for househunters etc.  Granted, they are probably less likely to infllict damage than a family with children, but 20% of that is only €40 and not likely to cover very much is it?

There has to be something fundamentally wrong with that law.  A lower rental does not mean damage is lower, does it.  A broken tv is a broken tv even if it is in a studio flat, and €40 will not cover it at all.

Something needs to change.

 

Fil

[Russethouse]

Is there a way to split it up so that a portion is against cancellation (20%) and a portion against damage (what you chose ?)

Would that still be legal ?

No idea but there is something basically amiss to charge different nationalities different amounts IMHO. Better and easier to find another way ????

[Liz]

We've just booked 4 nights in mobile home ('le midweek'!) in the Vendée. The rent is 141 Euros including a booking fee and the guarantee we will have to pay on arrival (caution) is 155 euros. If we do not leave the place in a perfect state of cleanliness 45 euros will be retained on departure. Seems the law is more honoured in its breach than its observance.

In fact, last year at the same place, we were not asked for a 'caution' although it was mentioned in their terms and no inspection of the place was made when we left.

Liz (29)

[Clair]

Then play them at their own game: I have given you the ammunition you need, use it!

No use complaining if you know what the legal position is and you are not prepared to do anything about it!

Good luck!

[Deby]

I've been following this thread with interest and have come to the conclusion that we will still ask for a 500 Euro deposit as we feel we have expensive items within our home and this is our assurance.  If our guest does not wish to pay this then they can choose to go elsewhere. 

I do not want to flout the law, but if we are challenged then we will have to concede and just ask for 20% of the payment, but our prices are not far off the amount we are asking anyway.

Deby