Landlord wrongly fails to refund deposit?

Questioner

I am asking this question on behalf of my American friend. She has given notice of termination of the lease on the house she rented for a year for her and her family. They are moving back to the US in 2 weeks. The landlord noticed 3 minor things during the inspection. She fixed them. During the inspection to see if it was okay (while she was in Paris with her family), the inspector found other damage. Again minor. He now wants them to repaint the entire house inside and replace the floor. They have paid a deposit of €3,700. She has pictures of what the house looked like before they moved in. The walls look better now than they did then. But she does not know what to do. Even if they manage to repaint all the walls and replace the floor (which will cost a lot of unnecessary money), what if he finds something wrong again and keeps the deposit?

Lawyer

Good evening, Annoying situation your girlfriend is in. The landlord must deliver a home in good condition so that it can serve for normal use (occupancy). Your girlfriend, on the other hand, also has the obligation to deliver the home in good condition after the end of the rental period. If the condition of the home deteriorates during normal use, this can be considered normal wear and tear. After all, the home is occupied and the facilities in the home are used. In some cases it is unreasonable to ask the departing tenant to return the property to its original state, especially since it can be concluded from your story that the property is in a better condition than at the start of the lease. Replacing the floor can also be considered unreasonable. However, the tenant could normally be expected to paint the walls if there are stains or if the walls are painted in an unusual colour. What is included in the lease agreement and any general terms and conditions, but also what has been mutually agreed upon, is also decisive. These documents should therefore first be read in order to be able to provide tailored advice. Feel free to contact us without obligation to discuss your case. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526