Can my landlord simply keep my deposit, even though the apartment was left in perfect condition?
January 20, 2023 | 40,00 EUR | answered by Emma Richter
Dear tenant lawyer,
My name is Claudia Jensen and I am contacting you with an urgent question regarding my security deposit. I recently terminated my rental apartment and left it in perfect condition. No damages were caused and the apartment was professionally cleaned. However, my landlord refuses to return my security deposit and claims that allegedly not all rent payments were made.
I am very concerned that my landlord is withholding the security deposit, even though I have fulfilled all obligations and handed over the apartment properly. I have already tried talking to my landlord, but he remains stubborn and insists that he is in the right.
Could you please tell me if my landlord has the right to withhold my security deposit, even though the apartment was left in perfect condition? Are there any legal steps I can take to claim back my deposit? I am very worried about my money and would like to know the best course of action in this situation.
Thank you in advance for your help and support.
Sincerely,
Claudia Jensen
Dear Mrs. Jensen,
Thank you for your inquiry regarding your deposit after terminating your rental apartment. I am sorry to hear that your landlord is refusing to return your deposit, even though you left the apartment in impeccable condition.
First and foremost, it is important to know that the deposit is usually meant as security for the landlord to cover any potential damages or outstanding rent payments. However, if no damages were caused and all rent payments were made, your landlord should refund the deposit in full.
In your case, where your landlord claims that not all rent payments were made, I recommend collecting all payment receipts and documents to prove that you fulfilled your payment obligations. Also, review your lease agreement to ensure that all terms were complied with.
If your landlord continues to withhold the deposit without valid reasons, as a tenant, you have the right to demand its return. You can start by sending a formal letter to your landlord requesting the refund of the deposit within a reasonable timeframe. If your landlord still does not respond, you may take legal action.
In such a situation, I recommend seeking assistance from a lawyer specializing in rental law who can help you enforce your rights. A lawyer can assist you in defending your rights and, if necessary, initiating legal proceedings to reclaim your deposit.
It is important that you gather all relevant documents and carefully document the process to increase your chances of successfully reclaiming the deposit. Do not hesitate to seek professional legal assistance to protect your interests.
I hope this information is helpful to you and wish you success in enforcing your rights.
Sincerely,
Emma Richter
Rental Law Attorney
