How can you increase your chances of getting your deposit back?

Prevention is better than cure. And that expression also applies to security deposits. Below are some tips you can use to increase the chance of getting a full refund.

Check-in
Before signing the lease, you will often be given a tour of the property. This is an inspection of the rented property at the start of the lease. The inspection is recorded in the check-in report. This report lists all defects in the rented property. This is a very important document, because the check-in report will ultimately be compared with the check-out report. Any differences will then be charged to the tenant. It is therefore important that you only sign the check-in report if you actually agree with its contents. In my practice, I unfortunately still often encounter the phenomenon that clients did not agree with the check-in report but signed it anyway. They then claim that they did not know what they were signing or that they were pressured by the landlord. Unfortunately, these types of defenses are rejected by courts. If you disagree with the findings in the check-in report, you should not sign it, but add comments (in pen) to the check-in form.

Always take your own photos and videos. The check-in report usually already contains photos and videos, but these were taken by the landlord, who has an interest in not recording any defects in the rented property.

Most rental agreements also state that the tenant has two weeks after the start of the rental agreement to report any defects that were not mentioned in the check-in report to the landlord. As a tenant, you should make use of this option once you have moved into the rented property.

Pre-inspection
This is the inspection that usually takes place two to four weeks before the end of the lease agreement. This is not the final inspection.
During the preliminary inspection, the rented property is inspected by both parties and the tenant is informed of any repairs that need to be carried out so that the rented property can be returned in good condition. This could include repainting a particular wall or cleaning the house thoroughly.

If the landlord believes that you need to repair certain items, make sure that they are mentioned in the preliminary inspection report or at least confirmed in writing, so that there will be no discussion about this later.

The idea behind a preliminary inspection is to give the tenant the opportunity to repair any defects themselves so that these costs are not deducted from the security deposit. It is also usually cheaper for a tenant to repaint a wall than to hire a professional painter.

Some rental agreements state that the tenant is responsible for making the appointment for a preliminary inspection. Although many judges are of the opinion that this responsibility lies with the landlord, it is always a good idea to try to schedule a preliminary inspection yourself. Request this in writing and not by telephone.

Check-out report
At the end of the lease, another inspection will take place. Again, it is important that you do not sign a check-out report if you disagree with its contents.
If the landlord does not allow you to add your own comments to the check-out report, do not sign anything and send an email yourself with the points you think should be included in the report and the points you disagree with.

Here too, it is important that you take photos/videos yourself. Some customers are not even present at the check-out, giving the landlord free rein. This is a big mistake. If circumstances prevent you from being present at the final inspection, arrange for a friend to be present on your behalf.

Finally, we recommend having the rental professionally cleaned by a cleaning company and putting all important agreements with your landlord in writing. It is better to correspond with your landlord by email or WhatsApp than by phone, as you will not be able to prove anything later.