When renting a property, you often pay a deposit. This amount is intended as security for the landlord. However, at the end of the rental period there is often a discussion: when can the landlord withhold the deposit (partially)?

The rental lawyers of Arslan Lawyers explain what the rules are, so you know what to expect.

Legal basis: deposit is security, not additional income

The deposit is not a payment that the landlord may keep because he wants to. The deposit must be refunded, unless there are valid reasons to withhold (part of) the amount.

Reasons for withholding the deposit

A landlord may withhold the deposit if there is:

1. Rent arrears

   • If you have not paid (part of) the rent.

   • Example: You terminate the lease without paying the last month, the landlord can offset this with the deposit.

2. Damage to the property

   • In case of damage you as a tenant have caused.

   • Examples: holes in walls, broken doors, serious stains in the carpet.

   • Note: normal wear and tear (such as slight discoloration of the floor or small holes from paintings) may not be considered damage.

3. Service charges or final bill

   • If it turns out that you still have to pay service charges or utilities.

   • This often happens later; the landlord may temporarily hold or offset the deposit for this.

What the landlord cannot do

• Unfairly claim damage: for example, normal wear and tear.

• Costs due to own maintenance backlog: the landlord is responsible for major maintenance.

• Withhold an arbitrary amount: withholding must always be specified and substantiated.

Examples from practice

• Unjust holding: a landlord withheld € 500 for “paintwork”. The judge ruled that the walls showed only normal wear and tear and the deposit had to be fully refunded.

• Partial withholding justified: a tenant delivered the property with considerable floor damage. The landlord was allowed to offset the repair costs with the deposit.

• Service charges: after a year it turned out that the renter still had to pay € 150 in service charges. This could be deducted from the deposit, the rest had to be refunded.

Checklist for tenants at delivery

• 📷 Take clear photos of the property at delivery.

• 📑 Ask for a written final inspection report.

• 🔍 Check if damage is correctly attributed to you.

• 📞 Have a lawyer look into it if the deduction seems unwarranted.

Frequently Asked Questions (FAQ)

1. How quickly should the deposit be refunded?
Within a reasonable time, usually one to two months. The landlord should not hold the deposit unnecessarily long.

2. Can the landlord use the deposit for overdue maintenance?
No, maintenance is the responsibility of the landlord. Only damage caused by the tenant counts.

3. What if I disagree with the withholding?
Ask for a specified overview. If this is not justified, you can recover the deposit through the court.

4. Can the landlord hold the entire deposit?
Only if the damage or rent arrears is at least equal to the deposit amount. Otherwise, part of it must be refunded.

Conclusion

A landlord cannot just keep the deposit. Only in cases of rent arrears, tenant-caused damage, or outstanding service charges can the deposit be (partially) withheld.

Do you doubt whether the withholding is justified? The rental right lawyers of Arslan Lawyers are ready to help you claim back your deposit.