Reclaiming a Deposit After a Rental Dispute? Get Free Advice!

Questioner

As of July 1st, we left our rental home. In the run-up to this departure, the real estate agent did an inspection of the home. Photos were taken and sent to the landlord. The landlord wanted us to make 2 adjustments and then we would get our deposit back. We repaired it partly, but immediately responded that we did not agree with his assessment. In our opinion, the 'damage' was due to old age (tiles in the bathroom were loose, and some filler from the previous occupant was visible). The real estate agent then said that the landlord would look at the property himself and inform us. We have not heard anything from the landlord or the real estate agent since then. In the meantime, it is a few months later and we have not received the deposit back. We have contacted the real estate agent twice by email, and he forwarded the emails to the landlord. We did not receive a response to this. Finally, we emailed the landlord directly, and again received no response. How should we proceed with this? Is the landlord within his rights (even if he does not respond)? When the lease started, we also reported a number of points of damage to the property, and the landlord promised to address this, but he never did. What are the next correct steps?

Lawyer

If an initial statement was drawn up at the start of the lease, it must be delivered accordingly. If this is not the case, you can deliver the property in the condition in which you found it, with the understanding that wear and tear due to age is generally not considered damage. The landlord will have to prove that there is damage if he does not agree. Now that the landlord is no longer in touch, you must officially put him in default to transfer the deposit to you as soon as possible. If he still does not respond, you can start a debt collection procedure or turn to the court. If desired, I can assist you in this. Please contact me directly and free of charge.