How do I get my deposit back from my landlord?

Questioner

My landlord does not want to return approximately 400 euros of my deposit. I sent him a registered letter 14 days ago, but I have not received a response. Since it is a simple matter, I wondered whether I can file a summons procedure with the subdistrict court myself (i.e. without the help of a lawyer or attorney). The problem here is that I am currently studying abroad and therefore cannot easily ask for help. The situation explained: I have rented a studio until July 1, 2022. My landlord was not present during the settlement, but asked me to leave the keys in the apartment. After my departure, I informed him by e-mail that I had left the studio in good order. I also asked him whether he could contact me if something were not in order. He did not answer this, but told me that he would keep part of the deposit to offset against the gas costs that he would receive in October. I asked him at the beginning of November to send me the bill for the gas costs and to refund the remainder of my deposit. He then sent me photos of 'damage' to the apartment, which also showed that the next tenant had already moved in. I responded that I had not caused this damage and that I would like the rest of my deposit back. Subsequently, I only got a small part of my deposit back. When I called him about this, he said that he had increased the rent in January 2022 and that he now wanted to collect it from the deposit. He had indeed announced an increase in September 2021, but on the advice of the rental association I did not agree to this because of a legal rent freeze from 1 January 2022 to 1 July 2022, which he agreed to at the time. I first sent him a registered letter, but he did not respond to this. Since I see no other solution, I want to demand from him through the subdistrict court that he send me the invoice for the gas costs and return the remainder of my deposit (expected to be around 400 euros).

Lawyer

Good morning, In principle, you can start a procedure yourself at the court. It is usually advisable to get legal assistance for this. In your case, you are even abroad. If you respond too late, for example, it could be disadvantageous for you in the process. Regarding your question: the landlord cannot simply retain the deposit. Offsetting it against the rent is usually also excluded in the rental agreement. In order to be able to give a proper answer to the question, it is important to view and assess all documents (agreement, any general terms and conditions and correspondence between you and the landlord). Feel free to contact us by phone (or via Whatsapp) on 06-49175526. Kind regards, Silvienne Leito FerLei Legal