What can I do if my landlord does not return the deposit?
April 2, 2023 | 55,00 EUR | answered by Oliver Hentschel
Dear lawyer specializing in tenancy law,
I am reaching out to you with an urgent concern regarding my security deposit. My name is Katrin Hausdorf and I recently terminated my lease and returned the apartment in a proper condition. Unfortunately, my landlord is now refusing to return the deposit of 1500 euros to me. I have already asked him politely several times, but he is not responding to my inquiries and is ignoring my request for clarification.
This situation is causing me great concern, as I urgently need the money for the security deposit of my new apartment. I left my old apartment in impeccable condition and see no reason why the deposit is being withheld from me. It is a substantial amount that I cannot afford to lose.
I have done some research and know that the landlord must return the deposit within a reasonable timeframe if there are no claims against me. However, since my landlord is not responding, I am unsure of how to proceed. What legal steps can I take to recover my money? Is there a way to compel my landlord to return the deposit?
I kindly ask for your assistance and advice in this matter. Thank you in advance.
Sincerely,
Katrin Hausdorf
Dear Mrs. Hausdorf,
I understand your concern and frustration about the situation you are in. It is indeed annoying when the landlord refuses to refund the deposit, even though there are no legitimate claims against you. In such cases, it is important that you know your rights as a tenant and know how to proceed to get your money back.
First of all, it is important to mention that the landlord is legally obliged to refund the deposit within a reasonable period after the termination of the tenancy, provided that there are no legitimate claims against the tenant. In your case, since you have returned the apartment properly and there is no reason for withholding the deposit, you have the right to a full refund.
Since your landlord is not responding to your requests, I recommend that you first set a deadline for the refund of the deposit in writing by registered mail with return receipt. Give your landlord a reasonable deadline, for example, 14 days, to refund the deposit. Mention that you will take legal action if the refund is not made.
If no refund is made even after the deadline, you have the option to hire a lawyer specializing in tenancy law. A lawyer can help you initiate legal proceedings or file a lawsuit against the landlord to recover your money. In many cases, the mere threat of legal action can lead the landlord to agree to a refund.
It is important that you gather all documents and evidence that prove you have properly returned the apartment and that there are no claims against you. This can help you support your case in court and increase your chances of successfully obtaining a refund of the deposit.
I hope this information helps you and wish you success in enforcing your rights. If you have any further questions or need assistance, I am happy to help.
Best regards,
Oliver Hentschel
