Can my landlord withhold my deposit even though the apartment is in good condition?
March 23, 2023 | 50,00 EUR | answered by Simon Büchner
Dear Sir or Madam,
My name is Xenia Fischbacher and I am a tenant of an apartment in Munich. After moving out of my apartment, I have requested my landlord to refund the security deposit of 1500 euros. However, my landlord has informed me that he intends to retain a portion of the deposit, claiming that some damages have occurred in the apartment.
I am firmly convinced that I have left the apartment in impeccable condition. Throughout my tenancy, I have always taken care to maintain the apartment properly and even had a professional cleaning done upon my departure. There are no damages or defects caused by me.
I am now concerned that my landlord may unlawfully withhold a portion of my deposit. Therefore, I would like to know if my landlord has the right to retain the deposit, even though the apartment is in good condition. Are there any legal provisions or laws that obligate my landlord to fully refund the deposit?
I would greatly appreciate it if you could provide me with information on my rights as a tenant and suggest possible ways to enforce my right to the refund of the deposit.
Thank you in advance for your assistance.
Sincerely,
Xenia Fischbacher
Dear Mrs. Fischbacher,
Thank you for your inquiry regarding the refund of your security deposit by your landlord. It is understandable that you are concerned that your landlord may unlawfully withhold a portion of your deposit, even though you left the apartment in perfect condition.
In principle, your landlord is obligated to fully repay the deposit, unless there are damages or defects in the apartment that exceed normal wear and tear. This is regulated in § 548 of the German Civil Code (BGB). If the apartment was in proper condition at the time of your move-out, your landlord has no right to withhold a portion of the deposit.
It is important that you can prove that you properly maintained the apartment and professionally cleaned it upon your move-out. It is best to document the condition of the apartment with photos or a handover protocol. If your landlord still wishes to withhold a portion of your deposit, you should immediately file a written objection and present your arguments and evidence.
If no agreement can be reached with your landlord, you as the tenant can take legal action and file a lawsuit for the refund of the deposit. I recommend seeking advice from a lawyer specializing in tenancy law, who can professionally advise and represent you.
In summary, as a tenant, you have a good chance of receiving the full deposit back if you can prove that the apartment was handed over in perfect condition. If your landlord still unlawfully wishes to withhold a portion of the deposit, you should defend your rights as a tenant and take legal action if necessary.
I hope this information is helpful to you and wish you success in enforcing your claim for the refund of the deposit.
Sincerely,
Simon Büchner
Attorney at Law specializing in Civil Law
