The rental deposit is withheld: checking the deductions

A rental deposit is governed first by its contractual clause: what it secures, when it is returned and how deductions operate. Calling a payment a “deposit” does not make it sale earnest money or automatically justify retaining the entire amount.

What is being deducted?

Separate unpaid rent, utilities, damage and contractual penalties. Each amount needs a basis and calculation. A photograph of damaged furniture does not by itself establish when the damage occurred or the reasonable restoration cost. Ordinary wear does not automatically justify every refurbishment chosen by the owner; minor-repair obligations and the agreement must be assessed.

Article 233 of the Obligations and Contracts Act presumes receipt in good condition unless proved otherwise. The initial inventory therefore matters. Compare it with photographs, reported defects and the condition on return.

Requesting the balance

The agreement may allow a reasonable wait for final utility bills. This does not justify indefinite withholding without an account. Request an itemised explanation, supporting records and the basis for the disputed portion. If set-off is asserted, its requirements also need checking. Do not treat the deposit as the last month’s rent without agreement: doing so may create a separate arrears claim.