Can the landlord withhold my deposit if I have handed over the apartment renovated?
May 1, 2024 | 40,00 EUR | answered by Oliver Hentschel
Dear Lawyer,
I am contacting you with a question regarding tenancy law. My name is Heike Dietrich and I recently properly terminated my rental apartment and handed it over after renovating it. I have carried out all necessary repairs and left the apartment in impeccable condition.
Now my landlord wants to withhold the security deposit, claiming that additional renovation work is necessary and that the costs should be covered by the deposit. However, I believe that I have already completed all required renovations and handed over the apartment in good condition.
My concern now is that the landlord is unlawfully withholding my deposit, causing me financial losses. Therefore, I would like to know if the landlord has the right to withhold my deposit even though I have renovated the apartment.
Are there any legal provisions that could protect me in this situation and help me get my deposit back? What steps can I take to enforce my right to the return of the deposit?
I thank you in advance for your assistance and advice in this matter.
Sincerely,
Heike Dietrich
Dear Mrs. Dietrich,
Thank you for your inquiry regarding the withholding of your security deposit by the landlord despite proper renovation and handover of the rental apartment. It is understandable that you are concerned about suffering financial losses due to this situation. I would be happy to assist you in this matter and provide detailed answers to your questions.
According to § 548 of the German Civil Code (BGB), the landlord is obligated to refund the security deposit to the tenant once all claims of the landlord from the tenancy agreement have been fulfilled. This includes the maintenance and renovation of the apartment. If you have carried out the cosmetic repairs properly and left the apartment in good condition, the landlord should not be able to make any further claims against you.
If the landlord still claims that additional renovation works are required and the costs for these should be deducted from your security deposit, I recommend that you first object to this demand in writing. Ask the landlord to inform you in detail about the specific defects he has found and the alleged additional renovation works that are supposedly necessary.
If the landlord continues to insist on withholding your security deposit, you may consider taking legal action. I recommend that you seek advice from a specialized attorney in tenancy law who can represent your interests in court. With appropriate evidence, such as photos of the condition of the apartment upon handover, you may be able to better enforce your rights to the refund of the security deposit.
In summary, the landlord is not allowed to arbitrarily withhold the security deposit if you have renovated and handed over the apartment properly. There are legal provisions that protect tenants in such cases and can help you recover your security deposit. Do not hesitate to seek professional legal assistance to enforce your rights.
I hope that my explanations are helpful to you and I am available for further questions.
Sincerely,
Oliver Hentschel
