Can my landlord keep the security deposit?
March 10, 2024 | 40,00 EUR | answered by Emma Richter
Dear lawyer specializing in tenancy law,
I am reaching out to you with a question regarding my security deposit. My name is Oliver Raab and I am a tenant of an apartment in Berlin. Recently, I have moved out of my apartment and requested the return of my deposit from my landlord. However, he has informed me that he wishes to retain the deposit, as he claims that damages have occurred in the apartment.
I am very concerned about this, as I left the apartment in good condition and have already repaired any damages that occurred during my tenancy. I have also completed all agreed-upon renovations and believe that I have fulfilled my contractual obligations as a tenant.
However, my landlord has not provided me with specific information about the alleged damages, and I fear that he may be wrongfully withholding the deposit. I would like to know if my landlord has the right to retain the deposit and what I can do in this situation to reclaim my money.
Could you please assist me and advise me on possible legal steps I can take to obtain the return of my deposit?
Thank you in advance for your help.
Sincerely,
Oliver Raab
Dear Mr. Raab,
Thank you for your inquiry regarding your security deposit. It is understandable that you are concerned if your landlord wants to withhold the deposit, even though you believe you have fulfilled all your duties as a tenant.
In general, the security deposit is meant to serve as security for the landlord in case of any damages to the rental property during the tenancy. If you have left the apartment in good condition and have already repaired any damages, it is important for the landlord to prove that there are indeed damages beyond normal wear and tear.
In your case, it is concerning that your landlord has not provided you with specific information about the alleged damages. According to § 812 of the German Civil Code (BGB), the landlord must return the deposit if they have no further claims against the tenant. If you believe that your landlord is wrongfully withholding the deposit, I recommend that you first request a detailed list of the alleged damages in writing and with proof of delivery (via registered mail or email).
If the landlord continues to not respond to your demand or fails to provide sufficient evidence of the damages, you can take legal action. You can consult a lawyer specializing in rental law to assert your rights. Your lawyer can file a lawsuit for the return of the deposit or seek an injunction against the landlord.
It is important that you keep all documents and evidence that demonstrate the condition of the apartment upon your move-out. This includes handover protocols, photos, or witness statements.
Overall, I advise you to remain calm in this situation and seek legal advice to protect your interests. If you have any further questions, please feel free to contact me.
Sincerely,
Emma Richter
Attorney specializing in rental law
