Rental deposit unjustly withheld: remedies
Your landlord is unjustly withholding the deposit? Steps, formal notice, justice of the peace, deadlines.
How to identify an unjustified deduction
The rental deposit may only be withheld for specific and documented reasons. Any deduction not supported by objective evidence is potentially abusive.
Justified deductions
- Unpaid rent or charges, evidenced by a detailed statement
- Damage recorded at the move-out property inventory and absent from the move-in inventory
- Restoration costs quantified by quotes or invoices
Unjustified deductions
- Deduction for normal wear and tear (faded paint, carpet worn after 10 years)
- Deduction without a move-out inventory
- Deduction disproportionate to the recorded damage
- Deduction with no justification or quotes
- Deduction for damage already noted in the move-in inventory
Contestation procedure
Step 1: contest in writing
Send the landlord a registered letter including:
- Your detailed contestation, point by point
- Supporting evidence (move-in inventory, photos, charges statements)
- A request for the release of the deposit within 15 days
- Notice of referral to the Justice of the Peace if refused
Step 2: attempt conciliation
Request a free conciliation at the Justice of the Peace. This informal procedure often enables an agreement without cost or delay.
Step 3: apply to the Justice of the Peace
If conciliation fails, file a petition with the clerk’s office (approximately EUR 50 in fees).
| Ground for contestation | Evidence to provide |
|---|---|
| Normal wear and tear | Move-in/move-out photos, lease duration |
| Pre-existing damage | Detailed move-in inventory |
| Excessive amount | Counter-quotes, wear and tear scale |
| Deduction without justification | Unanswered formal notice |
The action for the release of the deposit is subject to a 1-year limitation period from the end of the lease. Do not wait to act.
The procedure before the Justice of the Peace
What the judge will examine
The justice of the peace will analyse:
- The move-in and move-out inventories
- Photos and supporting documents
- Quotes presented by the landlord
- Counter-quotes presented by the tenant
- The duration of the lease and the wear and tear of contested elements
Possible decisions
- Full release of the deposit to the tenant
- Partial release (shared between the parties)
- Late interest on the amount unduly withheld
- Damages in case of bad faith by the landlord
Duration of the procedure
The complete procedure takes between 3 and 6 months: 2 to 4 weeks for the conciliation hearing, 1 to 3 months for the hearing on the merits, 2 to 4 weeks for the judgment.
Prevention advice
Upon moving in
- Conduct a detailed move-in inventory, adversarial
- Photograph everything with timestamps
- Verify that the deposit is in a blocked account in your name
Upon moving out
- Conduct the move-out inventory in the landlord’s presence
- Deep clean the property and complete tenant repairs
- Request a written release agreement on the day the keys are returned
For a lease clarifying the conditions for deposit retention, use our online lease generator. Also see our guide on deposits blocked by the landlord and damage exceeding the amount.