Final settlement settled with deposit?

Questioner

I moved in November and to this day I still haven't gotten my deposit back, because he says the final bill will be deducted, because he knows for sure that he has to pay extra, but I read everywhere that he is not allowed to do that from my deposit. What do you recommend?

Lawyer

Good day, The landlord may indeed not retain the deposit pending a final settlement, etc. The deposit may only be retained in the event of demonstrable defects caused by you. However, the landlord may pass on additional energy costs to you, provided that these additional costs are concretely demonstrated. It is usually chosen to offset the costs with the deposit, because in practice you are actually shifting money: you get the deposit back, but at some point you still have to pay the additional energy costs. In principle, it is not the intention that you have to wait months to get your deposit back. In order to give a concrete answer to your question, the agreement, any general terms and conditions that apply to it and correspondence between you and the landlord must be reviewed. If you wish to discuss your case, please feel free to contact us without obligation. Gr, Silvienne Leito FerLei Legal 06-49175526