Rental deposit
Short definition
The security deposit is a security payment from the tenant to the landlord to secure claims arising from the tenancy. It may not exceed a maximum of three months' cold rent (excluding utilities) and must be invested separately from the landlord's personal assets.
Rental Deposit - Short Definition
The rental deposit is closely linked to the apartment handover and service charge settlement and is frequently a central point of contention. Delays primarily arise when damages or outstanding costs are not clearly documented.
Example
A lack of documentation during the apartment handover often results in landlords being unable to prove damages, forcing them to refund the deposit in full.
When Can the Landlord Retain the Deposit?
The deposit may be retained if there are legitimate claims, such as due to damage or outstanding utility costs. Normal wear and tear is excluded from this.
When is the Rental Deposit Refunded?
The refund usually takes place within 3–6 months after moving out, once all claims have been verified.
Practical Context
The rental deposit is closely linked to the apartment handover and service charge settlement and is frequently a central point of contention.
Further Links
→ Glossary Article: Apartment Handover
→ Glossary Article: Service Charge Settlement
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More terms
Full glossary
Apartment handover
The apartment handover refers to the formal return of a rental apartment by the tenant to the landlord upon termination of the tenancy. It includes a joint inspection, the documentation of the property's condition in a handover protocol, and the return of all keys. The objective is to record the state of the apartment in a legally secure manner.
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Rent control
The rent control cap is a legal regulation that limits the rent amount when re-letting in certain regions. The goal is to prevent excessive rent increases. Misinterpretations lead to legal risks and potential claims for repayment.
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Service charge statement
The service charge statement is the annual comparison of the operating costs actually incurred with the advance payments made by the tenant. The basis is the service charges agreed in the tenancy agreement.
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