My landlord refuses to refund my deposit, what can I do?
May 16, 2022 | 40,00 EUR | answered by Oliver Hentschel
Dear lawyer,
My name is Gertrud Lahn and I am reaching out to you as I urgently need help with a rental law matter. Recently, I properly terminated and returned my rental apartment on time. However, my landlord is now refusing to refund me the deposit of 1,000 euros.
I left the apartment in perfect condition during the return and completed all agreed repairs. Nevertheless, my landlord claims that damages have occurred that are not covered by the deposit. He wants to withhold the deposit to repair the alleged damages.
I am convinced that the damages were already present before my move-in or were caused by normal wear and tear. Additionally, I have not received any complaints from the landlord during my entire tenancy and feel unfairly treated.
My concern now is that I will not receive the deposit back and will be financially disadvantaged. Therefore, I request your support and advice on how to proceed in this situation. Are there legal steps I can take to enforce the repayment of my deposit? Or are there other ways to assert my concerns to the landlord?
Thank you in advance for your help.
Sincerely,
Gertrud Lahn
Dear Ms. Lahn,
Thank you for your inquiry regarding the refund of your rental deposit. It is understandable that you are concerned about not receiving the deposit back, especially if you have left the apartment in impeccable condition and have not received any direct complaints from the landlord during your tenancy. In such a situation, it is important to know your rights as a tenant and, if necessary, take legal action to enforce your claim against the landlord.
First and foremost, it is crucial that you verify whether your lease agreement and the arrangements regarding the deposit are correct. Typically, the deposit is held by the landlord as security for any damages or unpaid rent. However, the landlord must refund the deposit within a reasonable timeframe after the termination of the tenancy, provided there are no claims for damages.
If your landlord claims that damages have occurred that exceed the deposit, you should definitely request a detailed list of the alleged damages. Carefully review this list and consider whether the damages could have occurred during your tenancy or were already present beforehand. If you believe that the damages were not caused by you, you can communicate this to your landlord in writing and request clarification.
If your landlord insists on withholding the deposit despite your denial of the damages, you have various legal options as a tenant to demand the return of the deposit. One option would be to initiate a judicial reminder procedure or file a lawsuit with the competent district court. In this case, it is advisable to seek legal advice from an experienced attorney specializing in rental law to maximize your chances of success.
Additionally, you can also try to reach an out-of-court settlement with your landlord by engaging in a conversation and proposing possible compromises. Sometimes, direct communication can help clarify misunderstandings and find a solution that is acceptable to both parties.
In any case, I recommend defending your claims and rights as a tenant and not allowing yourself to be unfairly disadvantaged. If you have any further questions or need assistance, I am happy to help.
Sincerely,
Oliver Hentschel
Attorney specializing in rental law
