Landlord's deposit will be settled with final energy bill?

Questioner

Since March 1, 2021, I have lived in a room that I rented as a private individual. I paid €465 rent for this, which included gas/water/electricity/TV/internet. The room included a small refrigerator for which no extra charge was made. On February 14, 2023, I had to pay a final bill for energy costs for 2022, this amount was €132. The rent has now been increased to €526, including gas/water/electricity/TV/internet. In June 2023 I terminated the lease (1 month notice). The room is in good order, I am a clean and tidy person. My deposit was €520, including key money. Now I receive an email from the landlord that he will settle my deposit with an estimate of the final settlement of this year so far, which is 7.5 months (end of December 2022 to July 31, 2023). He keeps the deposit of €520 and indicates that I also owe him an amount of €195.72. So in total the estimate of the end-of-year gas/water/electricity bill is €679.72?! I am speechless. Is he even allowed to do that? I don't think this is right at all!

Lawyer

That is not allowed. Absolutely not. The legislator is crystal clear about that. The landlord or intermediary may ask for a deposit from the tenant. And also withhold that if the lease is terminated. But that is only allowed if the home is delivered with defects or in the event of rent arrears. But absolutely not because of the rising energy prices. I can assist you with this free of charge. You may contact me further via this medium or via email address: groenewegenjuristen@gmail.com If you have any questions, please feel free to ask. Greetings, Mr. Groenewegen, J.