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The security deposit in office rental: understanding the basics

April 5, 2024

Let's dive into the mysteries of the security deposit, an often overlooked but crucial aspect of office rental, and explore the nuances that define this essential practice, including in the world of coworking.

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Commercial lease security deposit

In France, the 3/6/9 rental lease, also called commercial lease, is a long-term rental contract used for commercial or craft premises. Here is some information on the security deposit in the context of this type of lease:

Security deposit amount:

The amount of the security deposit is not regulated by law, but it is usually negotiated between the parties.

It is common for the security deposit to be equivalent to several months' rent, for example, three months.

Supporting documents to be provided:

  • A valid identity card
  • A RIB
  • A proof of income
  • The status of the company
  • The company's share capital
  • The last 3 balance sheets of the company
  • An evidence of the bank's funds or provisional balance sheet

In the event that the lessee does not have the 3 balance sheets of the company, the lessor can ask the latter for a GAPD (Autonomous guarantee on first request).

The GAPD is an autonomous guarantee by which the guarantor undertakes to pay a fixed sum in consideration of an obligation taken out by a third party. It can be issued by a banking organization, an individual or a company.

This guarantee is totally ideal for the lessor who ensures that he is well protected because he ensures payment at first request.

Person who signs a rental contract with the terms of the security deposit

Return of the security deposit:

The security deposit must be returned to the tenant at the end of the lease, except in the event of deterioration in the premises or unpaid rent.

The lease may specify the conditions under which the security deposit may be withheld.

Use of the security deposit:

The security deposit can be used to cover any unpaid rent or to repair damage observed during the exit inventory.

It cannot be used to cover rental expenses.

State of play:

A detailed inventory of fixtures must be established when the tenant enters the premises and when he leaves.

Any damage must be noted on the exit inventory to justify any deduction from the security deposit.

Refund of the security deposit:

The reimbursement of the security deposit must take place within a maximum period of two months from the return of the keys by the tenant.

In case of deduction, the owner must provide proof of the amounts withheld.

Two people shaking hands after signing a rental contract

The security deposit at Flashoffice:

At Flashoffice it's much easier!

The security deposit, far from being an administrative formality, is proving to be an essential safeguard. In the coworking world, it guarantees a smooth experience and a trusting collaboration. For us, this approach is part of a vision where simplicity and transparency facilitate an informed rental relationship.

We believe that your workspace should not only meet your business needs, but also provide you with peace of mind. It is this belief that guides our approach to security deposits. Thank you for choosing Flashoffice for your coworking experience.

Clearly, no Autonomous Guarantee at First Request (GAPD), no long file to create, just a security deposit to pay and all you have to do is settle in!