Can the landlord retain the security deposit even if no damages have occurred in the apartment?
November 4, 2023 | 40,00 EUR | answered by Hans Krüger
Dear lawyer,
I am contacting you today as I have a question regarding civil law. My name is Oliver Ullmann and I am a tenant of an apartment in Dortmund. Recently, I terminated my lease and have now moved out. During the handover of the apartment, the landlord did not find any damages and verbally confirmed that everything was in order. However, he has not yet refunded the deposit of 1,000 euros.
My concern now is that the landlord intends to retain the deposit, even though no damages occurred in the apartment. I have completed all agreed-upon renovation work before moving out and left the apartment in perfect condition.
My question to you is: Can the landlord retain the deposit even though no damages occurred in the apartment? What legal options do I have to reclaim my deposit? Are there specific deadlines that the landlord must adhere to in order to refund the deposit?
Thank you in advance for your assistance and I look forward to your support in this matter.
Sincerely,
Oliver Ullmann
Dear Mr. Ullmann,
Thank you for your inquiry regarding the refund of your security deposit after moving out of your rental apartment in Dortmund. It is understandable that you are concerned that the landlord may want to retain the deposit, even though no damages have occurred in the apartment. I would be happy to explain the legal aspects of this matter to you and provide you with guidance on how to reclaim your deposit.
In general, the security deposit serves as a guarantee for the landlord in case damages occur in the apartment during the tenancy or rental payments are outstanding. After the termination of the tenancy, the landlord has a reasonable period of time in which to refund the deposit. This period is usually six months, but it can be shorter if a specific deadline is stipulated in the rental agreement.
If the landlord wants to retain the deposit despite no damages occurring in the apartment, they must have a valid reason for doing so. In your case, since the landlord did not find any damages during the apartment handover and verbally confirmed that everything was in order, there is no valid reason for retaining the deposit. You have completed all agreed-upon renovation work properly and left the apartment in impeccable condition, which means the landlord should refund the deposit.
If the landlord still withholds the deposit, I recommend that you first demand the refund of the deposit in writing and with proof (e.g. by registered mail). Specify that no damages occurred in the apartment and that you have fulfilled all contractual obligations. If the landlord still does not refund the deposit, you can take legal action, such as hiring a lawyer or contacting a tenant association.
In summary, the landlord is generally only allowed to retain the deposit for valid reasons. Since no damages occurred in your case and you have completed all agreed-upon renovation work, you have a good chance of reclaiming your deposit. However, please be mindful of legal deadlines and consult with a lawyer if necessary.
I hope that this information is helpful to you and I am available for any further questions.
Best regards,
Hans Krüger
