Deposit not fully refunded.

Questioner

I moved on January 6, 2023. I left my previous home clean and tidy (which was also confirmed by the landlord via email). However, on February 18, I received an email stating that I would not get my full deposit back, because they were offsetting this against other costs incurred (waste disposal tax, gas/water/electricity). My contract states that the rented property will be refunded the deposit, reduced by any amount the landlord may still claim from the tenant, no later than one month after delivery of the rented property. I only received the 'amount to be offset' back on February 19. I also read that the deposit may only be withheld if there are defects in the house, which was not the case. In addition, I have the idea that the 'costs to be offset' are absolutely incorrect. My question: what is your advice on this?

Lawyer

Good afternoon, It is true that the deposit is in principle intended to offset repair costs, due to damage caused by the tenant in the rented property. In practice, the energy costs or municipal costs still to be settled are settled with the deposit, because otherwise you are shifting money: you get the deposit back, while a sum of money still has to be paid for the energy costs to the extent that they were incurred by you. The landlord is obliged to submit a specification of the energy costs or other costs that you may have incurred. If you have not done so yet, it may be a good next step to ask the landlord the question. If you would like to discuss your case further, you can contact us without obligation. Gr, Mr. Silvienne Leito FerLei Legal 06-49175526