ICONOS FINALES-TRAZADOS

He does not want to return the security deposit

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The landlord wants to deduct the cost of some damages from it. Can he do that?

He does not want to return the security deposit

Your company has vacated the premises it occupied, but the landlord refuses to return the security deposit alleging that there are damages. What rights does the tenant have if the security deposit is not returned once the contract is terminated?

In leases for uses other than housing (premises, warehouses, etc.), the parties are free to agree on the contractual conditions. Therefore, you must check in the contract the condition in which you committed to return the rented premises. For example, if it was agreed that it should be returned freshly painted, you must comply; otherwise, the cost of painting may be deducted from the deposit.

It is possible that the contract only states that the premises must be delivered in the same condition as received. In this case:

  • The landlord cannot deduct the cost of repairing minor damages from normal use of the premises from the deposit, as they are his responsibility. Therefore, if he intends to deduct the cost of painting or cleaning the premises, object.
  • On the other hand, he can use the deposit to repair damages that exceed normal wear and tear from regular use or that are caused by the tenant's negligence. For example, if you caused a dent in a plasterboard wall, the landlord could demand the cost of its repair from you.

 

Our professionals will advise you and help you claim the return of the security deposit in case the property owner refuses to return it.

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