Theft and breakages in your rental: what should you do?

Whether deliberate or accidental, damage and theft can easily happen in your rental. So how do you prevent it?

The contract

First and foremost, you need to draw up a rental agreement. It should set out the terms of your rental: the price and a description of the property along with an inventory. You can also state the maximum number of occupants, whether smoking is allowed and your policy on pets.

Should anything go wrong, this contract, signed by both you and the guest, gives you the means to act.

Remember, too, to carry out a check-in and check-out condition report, so that any problems such as theft come to light straight away.

The security deposit

The security deposit is essential, though not compulsory, in your contract. It is paid by the guest before they move in. The amount usually represents between 20 and 25% of the rental price and allows you to cover any damage.

This is where the condition report matters, because if you do not return the deposit in full, you will have to justify it. Bear in mind, too, that the guest is entitled to ask you for all the invoices relating to the repairs.

If the damage is unfortunately substantial and not fully covered by the security deposit, you must ask the guest to reimburse you. If they refuse, take the matter to the local civil court (tribunal d'instance) as quickly as possible.

To protect yourself from all this hassle, make sure you draw up a proper rental agreement. It will save you a great deal of trouble!

Here's what you need to put in place to protect yourself in the event of damage or theft.

Element	Action required	Why it matters
Rental agreement	Include price, property description, inventory, maximum occupants, smoking and pet policy	Essential document in disputes; only proof that terms were clear
Check-in inspection	Document the exact condition of the property at arrival	Identifies which stay caused damage or loss
Check-out inspection	Document the condition after guest departure	Without this, any deposit deduction is legally contestable
Security deposit	Request 20 to 25% of rental price, paid before check-in	Funds available to cover repairs without waiting for guest reimbursement
Damages exceeding deposit	Request guest reimburse the difference	If refused, file with small claims court using signed contract as evidence
Repair receipts	Keep all invoices related to damage repairs	Required to justify any deposit deduction; guest can request them

Frequently asked questions

Is a security deposit compulsory? No, nothing forces you to write it into your rental contract. In practice, it is still the simplest way to get damage repaired without chasing the guest afterwards. Plan on 20 to 25% of the rental price, paid by the guest before check-in.

Can I keep part of the deposit without justifying it? No. Any amount you do not return has to be justified, and the guest is entitled to ask you for the invoices linked to the repairs. That is where the check-in and check-out inventory pays off: without it, you have nothing to show.

The damage costs more than the deposit, what do I do? You ask the guest to reimburse the difference. If they refuse, take the matter to the tribunal d’instance, the local civil court, as soon as possible. The contract signed by both of you remains your starting point.

Do I really need an inventory check for every stay? Yes, on arrival and on departure. That is what lets you spot breakage or theft straight away, and tie the damage to that particular stay rather than the one before. Without both, any deduction from the deposit is open to dispute.

What goes into the rental contract? The price, a description of the property and an inventory, as a minimum. Add the maximum number of occupants, your position on smoking and your policy on pets. Signed by you and by the guest, this contract is what lets you act when something goes wrong.