Rental deposit not deposited - is the offense of embezzlement and misappropriation present?
August 22, 2013 | 35,00 EUR | answered by Andre Stämmler
Dear Madam,
Dear Sir,
In November 2009, I transferred 1,120 euros as a security deposit to my landlady. She used the money for her own living expenses or to cover her own overdraft at the bank (she is constantly short of money). Despite inquiries about the deposit being used as a security deposit, there was no response. In 2013, the matter went to court and she has since deposited the deposit as required by law into a rental deposit account. This, I believe, is the civil law aspect. My question is: Isn't there also a criminal aspect, and is the offense of embezzlement possibly present here? Can I still file a report regarding this? The relationship is already completely strained and she is not aware of any guilt, on the contrary, she keeps trying to cause trouble and I have had enough.
Thank you in advance.
Dear seeker of advice,
The landlord of an apartment regularly commits embezzlement if the deposit left with him is not properly invested and this results in at least a financial risk for the tenant. The landlord being in debt alone is sufficient for the latter.
You can therefore file a criminal complaint. This is possible at the district court, public prosecutor's office or police. The limitation period for embezzlement is five years. The offense would therefore become time-barred in 2014. However, as soon as proceedings are initiated and at least an initial interrogation has taken place, the limitation period would be interrupted.
In the end, I doubt that much will come of a complaint. This is a rather "small" amount, where a lenient court could close the case with conditions. Furthermore, the money is now obviously deposited in a security account. A case would certainly be closed or result in a small fine. However, the proceedings or a closure with conditions could open the eyes of the landlord to the fact that they are not in the right.
Best regards
