More and more expats are having trouble getting their deposit back after their lease ends. Small private landlords, in particular, seem to have discovered that they can refuse to return the deposit because tenants, especially those who are unfamiliar with their rights and are abroad, do not take action. Landlords often demand cleaning costs and compensation long after the tenant has moved out.

What can you do in such a case and what should you pay attention to when signing a new lease?

Check-in report
It is important to check whether a check-in report has been drawn up. The landlord and tenant normally sign a check-in report at the start of the lease. This report records the condition of the rented property. If there is no such report, the law is on the tenant’s side: it is assumed that the tenant received the rented property in the condition it was in at the end of the contract. The landlord must prove the contrary.

In most cases, there is a check-in report. If there are no photos and the condition of the rented property is only described with terms such as good, reasonable, and poor, this does not constitute a proper check-in report, as these terms are open to interpretation. Again, the burden of proof lies with the landlord. You should inspect the rental property as you would inspect a rental car: make sure that all defects are clearly documented so that you are not liable for repairs at the end of the rental period. Take photos and add them to the report.

Pre-inspection report
One thing landlords often forget to note is a pre-inspection report. This is not the check-out report, but the report two to four weeks before check-out. The idea behind a pre-inspection is to give the tenant plenty of time to fix any defects before they move out. In other words, the tenant should be given a reasonable opportunity to carry out any repairs themselves. If the landlord has issues at the time of the final inspection and no pre-departure inspection was carried out, this may limit the landlord’s claims.

Some rental agreements state that the tenant must make an appointment with the landlord for a pre-inspection. But even if the agreement does not mention a pre-inspection, it seems reasonable that the tenant should play an active role by trying to schedule a pre-inspection.

Check-out report
A check-out report is the basis for any claims the landlord may have against the tenant. Therefore, you should only sign it if you agree with its contents. If you do not agree with everything, you can agree to identify the points of dispute, write them down in the same report, take photos of the issues, and then sign the report.

Be aware that a tenant cannot be held liable for damage to the rented property resulting from normal wear and tear (i.e., discoloration of walls or floors due to (lack of) sunlight is generally not considered a defect for which the tenant is liable).

The landlord usually takes photos for the check-out report. However, always take your own photos and videos of the rented property at the end of the lease, especially of things that you suspect the landlord will claim are defects. Add these photos to the final report.

Hidden defects
A tenant may be liable for defects discovered after the final inspection if the landlord proves that these could not reasonably have been discovered during the final inspection and that these defects did not exist at the start of the lease.

What can you do?
Is your landlord refusing to refund (part of) your deposit? Hopefully, after reading this website, you will know more about your rights. First, try to reach an amicable agreement with your landlord by sending them an email or registered letter explaining why you believe they are not entitled to withhold your security deposit based on your new knowledge. Give them two weeks to refund the deposit. If the landlord does not respond, it is time to engage our services.