Can my landlord retain my security deposit?
December 25, 2023 | 40,00 EUR | answered by Günther Schulz
Dear lawyer,
I am contacting you with a question regarding tenancy law. My name is Friedhelm Hering and I am a tenant of an apartment at Musterstraße 123. Recently, I have decided to move out and have duly terminated my lease agreement. During the apartment handover, it was agreed that I would return the apartment in a proper condition and that my landlord would refund the deposit of 1000 euros.
Now, my landlord has informed me that he wants to retain a portion of the deposit, claiming that damages in the apartment have occurred that go beyond normal wear and tear. However, I believe that these damages were either present before my move-in or have occurred due to regular use of the apartment.
My concern now is that my landlord is unlawfully withholding my deposit, causing me financial losses. I am wondering if my landlord even has the right to retain the deposit and how I can legally defend myself against this.
Could you please inform me about the rights and obligations I have as a tenant in this situation and what steps I can take to get my deposit back? Thank you in advance for your assistance.
Sincerely,
Friedhelm Hering
Dear Mr. Hering,
Thank you for your inquiry regarding the topic of security deposits and damages in rental law. It is understandable that you are concerned that your landlord may be unlawfully withholding a portion of your deposit. In fact, there are clear legal regulations that protect both tenants and landlords in such cases.
First and foremost, it is important to know that the deposit serves as security for the landlord to cover any damages or outstanding payments. However, the landlord is not entitled to simply withhold the deposit at will. Instead, they must prove that actual damages have occurred that go beyond normal wear and tear and were caused by the tenant.
In your case, it is crucial that you can prove that the damages your landlord is claiming were already present before your move-in or were caused by normal use of the apartment. You can do this, for example, by providing photos or witness statements.
If you believe that your landlord is unlawfully withholding the deposit, you can take the following steps:
1. Written statement: Contact your landlord in writing and explain why you did not cause the damages and that you would like the deposit refunded. Request a detailed list of the alleged damages and evidence (e.g. photos).
2. Negotiation: Try to reach an agreement with your landlord. There may be room for negotiations to find a solution that is acceptable to both parties.
3. Mediation: If an agreement cannot be reached, consider mediation through a mediation center for rental disputes. There, you can try to reach an out-of-court settlement.
4. Lawsuit: As a last resort, you can file a lawsuit in court to demand the return of the deposit. It is advisable to seek advice from a lawyer to properly represent your rights.
Overall, it is important that you are aware of your claims and rights as a tenant and defend yourself appropriately in case of disputes with your landlord. I hope this information helps you and wish you success in enforcing your rights.
Sincerely,
Günther Schulz
