
Getting your deposit back: a step-by-step plan for after moving
It's a classic in the rental world: you move to your new palace, hand in the keys, and wait for your deposit. And you wait. And wait. Until an email arrives: "Due to cleaning costs (€300) and a scratch on the floor (€800), unfortunately you get nothing back." Panic! Is this allowed? The short answer: No. With this step-by-step plan you are legally extremely strong to demand your money back.
The deposit belongs to YOU. The landlord may only keep this amount under very strict conditions. Unfortunately, many landlords simply try it, hoping that you give up the fight. Do not do that.
The Golden Rule: The Inspection Report
Everything stands or falls with the check-in report (inspection report) that you signed at the start of the rental.
- AIs there NO report from the start?
Then you are lucky! The law then says: "We assume that the property was delivered in the same state as at the start." The landlord must then prove that you caused the damage. That is almost impossible without photos of the initial state. You are 1-0 ahead.
- BIs there A report?
Then a comparison is made: state of now vs. state of then. Anything that was not in the report (and is not normal wear and tear), can be recovered from you.
Step 1: The Pre-inspection (Crucial!)
About 2 weeks before you leave, a pre-inspection must take place. The landlord walks a round and says what still needs to be done (fill holes, clean).
Note: Does the landlord not do this? Then he may NOT charge repair costs afterwards! He has deprived you of the chance to fix it yourself (cheaper).
Step 2: Final Inspection & Key Handover
On the last day you walk another round. Is everything as agreed?
- Sign nothing if you do not agree!
- Take photos and videos of everything. Every room, the walls, the floors, the meter readings. This is your proof.
- Hand in the keys and ask for proof of receipt.
Step 3: The 14-Day Period
Since the Good Landlordship Act, the rules are clear:
📅 The Deadlines:
- No damage/arrears? Within 14 days after key return, the money must be in your account.
- Are there offsettable costs? Within 30 days the remaining amount must be paid, WITH a specified invoice of the costs.
Step 4: "Normal Wear and Tear" (The Great Escape)
Many landlords try to charge for discoloration of curtains, slight wear on the floor or holes in the wall.
Do not pay! This falls under "normal wear and tear" (residential use). You pay rent to live in the house. And if you live, things wear out sometimes. That risk is included in the rent price. Unless you painted the walls purple or destroyed the parquet floor, you do not have to pay for this.
Step 5: Money not back? Send a letter!
Has the period expired and have you not received (part of) your deposit yet? Send a formal email or registered letter immediately.
"Dear landlord, the 14-day period has expired. I have not received a specified invoice. I request you to transfer the full amount of €... within 5 days, otherwise I will be forced to charge collection costs and statutory interest."
This works like a charm in 90% of cases. Landlords know they are wrong.
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