How to get your deposit back when you move out
A deposit comes back easily if you have prepared for moving out since the first day of the lease. Here is what counts as normal wear and tear, how to get the apartment ready and what to do if the money isn’t returned.
Contents
The contract governs the deposit
The Civil Code’s chapter on leases has no separate article on security deposits, so what matters is what the contract says: the amount, the grounds for deductions and the return deadline. Without those clauses it is harder to agree, but there is still something to rely on — the general rules on returning the apartment.
The key rule: when the lease ends, the tenant returns the property in the condition in which it was received, allowing for normal wear and tear (Article 625). So a floor worn with time and faded curtains are no reason to withhold money; a burnt worktop is.
Normal wear or damage
| Normal wear and tear | Damage |
|---|---|
| Worn flooring in high-traffic areas | Deep scratches, laminate swollen after a leak caused by the tenant |
| Faded wallpaper and curtains | Drawn-on or torn wallpaper |
| Small marks from furniture on walls | Holes in walls made without permission |
| Ageing but working appliances | Appliances broken through carelessness |
| Loose fittings | Broken cabinet doors, smashed glass |
The line is not always obvious, which is why the inventory and move-in photos matter so much. Without them, the dispute becomes one person’s word against another’s.
Give notice in advance
The law allows a tenant to end a residential lease at any time with three months’ written notice to the landlord (Article 675). Leaving “tomorrow” and demanding the deposit is a weak position: the owner may argue that the notice requirement was not met.
Give notice in writing — a message or a letter you can show later. At the same time, agree on the key handover date and when the owner may show the apartment to new tenants.
Getting ready to move out
- Re-read the contract: the clauses on the deposit, notice and the apartment’s condition.
- Fix the small things: replace bulbs, fill nail holes if that was agreed.
- Do a thorough clean — a dirty apartment often becomes a point of dispute.
- Pay utilities up to the move-out date and keep the receipts.
- Remove all your belongings and return every set of keys.
Improvements you paid for are a separate question. Removable ones, such as a lamp or shelf you bought, you can take with you unless the contract says otherwise. For permanent improvements made with the owner’s consent you can, as a general rule, claim compensation; without consent, you cannot (Article 626).
The walkthrough on handover day
- walk through the apartment with the owner and pull up the move-in photos
- check the inventory: furniture, appliances, keys
- read the meters and photograph them
- record the outcome in a handover record, or at least in your messages: no claims, or exactly which ones
- agree on the date and method for returning the deposit
If the owner withholds part of the amount, ask for a written list of exactly what for and how much. Withholding money “just in case”, without specific damage or debt, is usually not what the contract provides.
If the deposit isn’t returned
Start by talking: calmly point to the contract clauses, the handover record and the photos. If that doesn’t work, send a written claim with the amount calculated and a deadline for a reply. The next step is court, but for small sums that is a long road, so get a lawyer’s advice first. The best insurance is paperwork done properly at move-in.
Key takeaways
- The contract sets the terms for returning the deposit — check them in advance.
- Normal wear and tear is no reason for deductions; damage caused by the tenant is.
- Give written notice of leaving three months ahead (Civil Code, Article 675).
- Cleaning, paid bills and a joint walkthrough with photos make for a smooth return.
- Any deduction should be specific — what for and how much, in writing.
