Recovering keys after a conflictual departure: procedure and remedies

A conflictual departure: several possible scenarios

The end of a lease does not always go smoothly. When the tenant leaves without returning the keys, the landlord finds themselves in a tricky situation: they cannot access their property, cannot re-let it and sometimes do not even know whether it is actually empty.

Several scenarios exist, each calling for a different response:

• The tenant has left and informed the landlord, but refuses to return the keys
• The tenant has disappeared without notice or key return
• The tenant claims to have left but belongings remain in the property
• The lease is still running and the tenant has abandoned the property

In all cases, the landlord cannot act unilaterally without precautions. Even if the property is empty, entering without following procedure leaves room for challenges.

Steps to follow

1. Send a formal notice

Send a registered letter with acknowledgement of receipt requesting the return of keys within a specified period (generally 8 to 15 days). This letter should mention:

• The lease end date
• The obligation to return keys (as stipulated in the lease)
• The consequences of non-return (lock replacement costs, deduction from deposit)
• The deadline for return

2. Record the condition of the property

If the tenant does not appear for the exit inventory, you have two options:

A bailiff report is the safest solution. The bailiff draws up a formal record of the property’s condition, notes the possible presence of belongings and records that the keys have not been returned.

3. Inventory any damage

Take advantage of the report to document all damage to the property: wall damage, floors, equipment, cleaning needed. These elements will serve for the release of the rental deposit.

Changing the locks: when and how

The conditions

A lock change is permitted when:

• The lease has effectively ended (end of notice period, agreement of the parties or judicial decision)
• The property is vacant (confirmed by bailiff report or exit inventory)
• The tenant has been formally notified to return the keys without result

The cost

Replacing a front door lock by a certified locksmith costs between 150 and 400 EUR depending on the type of lock and the urgency of the intervention.

This cost is attributable to the tenant who failed to fulfil their obligation to return keys. It can be:

• Deducted from the rental deposit (with written agreement or judicial decision)
• Claimed as part of an action before the justice of the peace
• Added to other claims in recovery proceedings

Number of key sets

Remember to document the number of key sets given to the tenant at the entry inventory. This is an often-forgotten detail that becomes crucial in case of dispute. For more on conducting a proper inventory, see our guide on the digital vs paper property inventory.

The rental deposit: how to recover it

Amicable agreement

If landlord and tenant agree on deductions (locks, damage, cleaning), they sign a joint document and the bank releases the deposit according to the agreed split.

In case of disagreement

If the tenant refuses to sign or is unreachable:

1. Send a detailed formal notice (amounts, supporting documents)
2. Propose mediation (municipal service or accredited mediator)
3. As a last resort, apply to the justice of the peace

The justice of the peace decides on the basis of the entry and exit inventories (or the bailiff report). They determine the amount to deduct from the deposit and order the release of the balance.

For more details on the release procedure, see our article on how to recover your rental deposit quickly.

Legal remedies

The justice of the peace

The justice of the peace is competent for all rental disputes. They can:

• Order the return of keys under penalty of a daily fine
• Authorise the lock change at the tenant’s expense
• Rule on the release of the rental deposit
• Award damages against the tenant

The procedure is relatively quick (1 to 3 months) and affordable (court registration fees + any lawyer fees).

Action for liability

If the damage exceeds the amount of the rental deposit, the landlord can bring an action for contractual liability before the justice of the peace to obtain payment of the difference.

Good practices

A conflictual departure is always unpleasant, but a structured response limits the damage:

• Immediate formal notice by registered letter as soon as the lease ends
• Bailiff report if the tenant does not appear
• Lock change only after confirmation that the lease has ended and the property is vacant
• Complete documentation of damage and expenses incurred
• Legal action if necessary, before the justice of the peace

To avoid these situations, invest in good tenant selection from the start and clearly formalise exit conditions in the lease. A rental management tool can also help track deadlines and react quickly.