Can a landlord not refund my deposit?

Questioner

I had to transfer the deposit to a real estate company within 24 hours to 'secure' a rental apartment because otherwise it would become available again. I did not sign the contract in the end because I changed my mind (not because there are things in the contract that I did not want to sign for per se but because of e.g. the location of the house). The landlord now does not want to pay me back the deposit. Is this legal?

Lawyer

That is not what the deposit is for, unless it is a down payment on rent, which it probably is. There is an enforceable lease agreement if the parties agree to the main content, which is the case. The next question is whether the landlord really suffers the damage in the form of the down payment you made. Considering the rental market, I don't think so, at most a few days plus some extra work to find a new tenant. Otherwise, please contact me?

Lawyer

That is not a deposit but a pile of nonsense, why did you do this. Now try to get it back even though you are right. You can also contact me.

Questioner

The amount is really marked as a deposit. I have to leave my house due to a relationship breakdown and was therefore afraid that I could not find a place so I quickly transferred the deposit :( Afterwards the offer turned out to be larger than expected. By the way, it is a fairly large real estate company which surprises me a bit. Thank you for your answers, I will contact the company first.

Lawyer

Yes, I wonder what you ultimately paid for?

Questioner

Update for those who may also encounter this problem: I explained the matter in an email and got about half of the deposit back, the rest (400 euros) became 'cancellation costs' (Ryanair vibes). These costs are not further specified / I did not receive an invoice but did not want to spend any more energy on it.

Lawyer

There was a lease and cancellation may indeed have resulted in costs, re-advertising, new agreements with tenants. You are right.