Withholding a deposit due to early vacancy of the home?

Questioner

I am renting privately for an indefinite period. My rental contract states that if I leave the house within two years, I will not get my deposit back. Is this allowed? I know it is allowed to retain the deposit if you leave early with an end date as that is a breach of contract. However, I think that if you rent for an indefinite period, it should really be an indefinite period. Not a minimum of two years if you want your deposit back.

Lawyer

Good afternoon, The deposit is in principle intended to offset any damage you may have caused to the property. The landlord is not supposed to use the deposit as a form of 'penalty clause' or to collect overdue rent, as is apparent from your case description. There is a very real chance that such a provision is not legally permitted. However, the agreement (and any general terms and conditions of the agreement) must first be examined before providing a more specific answer to the question. Please feel free to contact us without obligation to discuss your case in more detail. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526