Reclaiming a deposit after a rental dispute

Questioner

Dear, Old landlord refuses to refund deposit because she thinks the now 10 year old countertop no longer looks nice. We left it neatly but she claims it is damaged which is not the case. Who or what should we turn to to claim our deposit of 700 euros back? Then greetings, R

Lawyer

Dear R, Are there any reports available at the time of entering into the lease and its termination? These should show the condition of the countertop when you started renting and the condition of the countertop when you left the rented property. In my opinion, if the landlord cannot demonstrate (by means of the above-mentioned reports) that you as a tenant have not left the kitchen counter clean, the landlord will have to return the deposit. Would you please send me a copy of the reports (if available), the rental agreement and any correspondence? Kind regards,

Lawyer

The main rule is that you as a tenant were responsible for minor maintenance and that the landlord is responsible for major maintenance. You must keep a countertop in good condition, but do not have to replace it when it becomes outdated. In my opinion, if you leave it tidy, you are entitled to your deposit and you can, if necessary, claim this back via the subdistrict court. In addition, it is not mandatory to hire a lawyer. Given the simplicity of the case and the costs of legal assistance, going to the subdistrict court yourself is worth serious consideration.