Quick legal advice: Withholding a security deposit after renting

Mgr. Nikola Šedová
21. April 2025
1 minute of reading
1 minute of reading
Legal news

The landlord kept the entire security deposit after the end of the lease, claiming that the apartment was “worn out”. Can he do that?

nájem bytu, kauce

The security deposit is used to cover any damages to the apartment or debts of the tenant – it cannot be withheld just because of normal wear and tear caused by the normal use of the apartment (e.g. a worn floor, 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 proof (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.

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