Can the landlord refuse to return the security deposit citing “wear and tear”?

According to the Civil Code, the tenant is obliged to restore the apartment to its original condition at the end of the lease, taking into account normal wear and tear caused by proper use. Wear and tear, such as trampled floors, very slightly dingy walls or normal signs of use, are not on your account and are not grounds for non-refund of the security deposit.

It is a different situation if you have damaged the apartment beyond normal use (for example, broken windows, destroyed furnishings, stained walls, unprofessional intervention).

If the landlord claims that damage has been caused, he should prove it – preferably with photo documentation, invoices for repairs or a breakdown of costs. If you disagree with his calculation, I recommend writing to the landlord asking for the return of the part of the deposit you disagree with and asking for an exact justification of the amounts withheld.

As a last resort, you can pursue the amount through the courts – he will be the one to judge whether it was just normal wear and tear or damage.

When it is no longer wear and tear but damage

A different situation arises if the tenant damages the flat beyond normal use. Typically, this can include broken windows, damaged doors, deep gouges in the floor, burnt carpet, damaged appliances, unprofessional tampering with wiring, stained walls or furnishings destroyed in a way that is not consistent with normal living.

But it is not just the existence of the damage that is crucial. The landlord should be able to prove that the damage occurred during your tenancy, that you are responsible for it and how much it actually cost to repair it. For example, if they keep the whole deposit because of “painting”, they should explain why it is not just normal wear and tear on the walls after using the flat for several years.

In practice, we often see that landlords automatically count the complete redecoration of the flat, the replacement of older equipment or general cleaning against the deposit, without distinguishing between what amounts to normal wear and tear and what is actual damage. It is in these cases that it makes sense to ask for an accurate account and evidence.

Are you dealing with a non-refundable deposit? We can help you assess whether the landlord is entitled to withhold the security deposit and prepare a demand for its return.

Summary

A landlord cannot withhold your security deposit just because the flat doesn’t look like new at the end of the tenancy. Normal wear and tear caused by proper use, such as slightly dingy walls or normally worn flooring, is not automatically the tenant’s responsibility. The security deposit can be used mainly for actual damage, rent arrears or other legitimate costs, which the landlord must specifically account for and document. If you disagree with the landlord’s action, ask for written justification, evidence and the return of the undisputed part of the deposit. If the landlord does not respond, a pre-action notice or subsequent legal action may help.