Question about getting your deposit back? Ask a lawyer!

Questioner

I paid a deposit and decided not to rent after all. Will I get my full deposit back? I indicated three weeks in advance Not going to rent after all. Am I entitled to get the full deposit back?

Lawyer

What kind of lease have you signed? A deposit has already been paid. The deposit is to cover damage to the rented property caused by the tenant, not for damage caused by you cancelling a lease. However, you have entered into obligations, if you have a one-year contract, for one year. The obligation to pay for this damage is often reduced because the house can be rented out again anyway. For that reason, a one-month deposit is a reasonable amount if the tenant decides not to rent after all.

Questioner

I did not sign a contract. I only paid a deposit. I did let the property know by email that I would be renting the property. But I indicated three weeks in advance that I would not be doing so. Can they keep my deposit or do they have to pay it back to me in full or in part? Gr

Lawyer

There is a rental contract because there is an offer to rent which you have accepted under the mentioned conditions (I assume the time and the price). You have also already paid a deposit. Only if the landlord immediately finds another tenant, he has no real damage that arises because you do not rent. In that case I advise you to reclaim the deposit, if necessary I can help you with that by writing a short letter or e-mail.