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

Mgr. Nikola Šedová
7. July 2025
1 minute of reading
1 minute of reading
Legal news

At the end of the tenancy, the landlord is obliged to account for and return the security deposit to you. However, you are not entitled to keep it arbitrarily just because the apartment was used normally. There is a distinction between natural wear and tear and actual damage.

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.

Article topic:

Share article


Are you solving a similar problem?

Solutions Tailored for You

Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

I Need help

We can also solve your legal problem

In person and online. Just choose the appropriate service or opt for an independent consultation when you are unsure.

Google reviews
4.9
Facebook reviews
5.0
5 200+ people follow our Facebook
140+ people follow our X account (Twitter)
210+ people follow our LinkedIn
 
We can discuss your problem online and in person

You can find us in 6 cities

Quick contacts

+420 775 420 436
(Mo–Fri: 8—18)
We regularly comment on events and news for the media