Can the landlord withhold a deposit from the final settlement?


Questioner

My rental agreement ends at the end of March, it was verbally stated that my deposit would be returned at the end of March. I left a little earlier and handed in the keys and had inspected together with her, where it was verbally agreed that everything was in order. However, a week later I was told that she wanted to deduct the final bill of water, gas and electricity costs from my deposit at the end of May. Without proof or invoice of the final bill. Is that allowed? And how long is a landlord allowed to keep the deposit after the end of the rental agreement? She is most likely afraid that if I get my deposit back I will no longer pay for the final bill. Which is not the case, since I fully understand that this has to be done. I am only afraid that she will charge unjustified costs and deduct them from my deposit and want to do it separately to also avoid confusion.

Lawyer

In principle, the landlord may not withhold a deposit for any additional costs for gas/water/electricity. This might only be possible if there is already a final settlement (because then it is clear what costs are involved). Deposits may only be used for rental arrears and/or defects to the property caused by the tenant (for example, leaving the property in a dirty state). In this case, the deposit may not simply be withheld. As you indicate, it is also questionable whether it will be clear in May which costs have been for you in terms of gas/water and electricity. And can you also request an overview of the data at that time to see if the costs are correct. Please feel free to contact me via my profile if you have any questions or require legal assistance.

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