Deposit not returned for rental property

Questioner

I lived for about a year in total via Rental Company. When I had to hand over the house I left the subfloor and a cupboard in the storage room. Because of this I did not get my deposit of 190 euros back. In my opinion, leaving the subfloor and leaving the cupboard in place was legitimate. The loan agreement that I signed states the following: 'Borrower declares to take the property and accessories on loan in good condition. Borrower declares to return the property and the inventory in the same good condition upon termination of the Loan Agreement. … In the event of negligence in this regard, Borrower is obliged to reimburse repair and/or replacement costs'. If I had removed the subfloor and emptied the storage room, I would in my opinion have been guilty of breach of contract and would have had to pay the replacement costs. For these reasons, I have returned the subfloor and the storage room in the same condition as when taking possession of the home. Furthermore, the delivery letter I received stated: 'Please note: The floor covering must be removed (linoleum, laminate, carpeting) and may not remain in the home!'. I did this; I removed the linoleum. This letter also did not mention the subfloor. Furthermore, I previously lived for a rental company and then I was allowed to leave the subfloor in place. In addition to the fact that I am not allowed to remove the subfloor according to the contract, I could not reasonably have been aware of the fact that it had to be removed. The delivery letter did state that the storage room had to be delivered empty. I wonder if this delivery letter carries more weight than the contract that I signed when I moved into the house? And can the rental company retain my deposit because I did not remove the subfloor and left the cupboard in the storage room? What should I do if the rental company is indeed not in the right? I look forward to your response. Yours sincerely,

Lawyer

You simply had to deliver the house as you accepted it for use according to the conditions. I think you are right and the deposit should not be withheld for that reason.