Withholding of security deposit after rental

Quick overview:
A landlord cannot keep a security deposit just because of normal wear and tear that occurs in the apartment from normal use. The security deposit is only for actual damages or debts incurred by the tenant. At the end of the tenancy, the landlord must account for the deposit and show why he has kept any part of it. If they fail to do so, or if they withhold the money unlawfully, you have the right to claim it back – often with a pre-action notice.

Not sure if your landlord has rightly withheld your deposit? We are happy to assess your situation, often all it takes is one legal analysis to know how to proceed.

A security deposit is used to cover any damage to the apartment or debts owed by the tenant – it cannot be withheld just because of normal wear and tear that occurs with normal use of the apartment (e.g., scuffed floors, worn carpets, minor scratches).

• Normal wear and tear does not go on your account – the landlord must distinguish between damage (e.g. broken windows, damaged doors) and normal wear and tear that they bear as owner.
• Has a duty to account for the deposit – At the end of the tenancy, the landlord has a duty to account for the deposit and return any overpayment. In most cases, they should do this within 1 month unless the contract states otherwise.
• Factual justification is not enough – If the landlord keeps part of the deposit, he should give you written evidence of this (e.g. invoices for repairs). A mere statement is not enough.

What to do?

• Ask for a written account and evidence of why the deposit was retained.
• If the landlord does not communicate or is wrongfully withholding money, you can take legal action (or send a pre-action notice first).
• Consumer advice or free legal aid can also help.

Summary

A landlord cannot keep a deposit without good reason – they must prove specific damage or debt. Ordinary wear and tear is his responsibility. At the end of the tenancy, he has to account for the deposit and prove his claim. If he fails to do so, you have the right to demand a refund, often by way of a pre-action notice.