CONTEXT
A security deposit is collected by the landlord as protection against damage to the property. Upon vacating, the landlord is entitled to retain amounts only where there is documented damage exceeding normal wear and tear. Retention without proven grounds constitutes a breach of the lease agreement, and the tenant has formal legal recourse through the RDC.
LEGAL BASIS
Permitted grounds for retention: The landlord may deduct from the deposit only amounts corresponding to damage that exceeds normal wear and tear, supported by documentation.
Prohibited retention: Withholding the deposit without documented justification is a breach of the lease agreement and actionable before the RDC.
STEP-BY-STEP: HOW TO PROCEED
Step 1 — Document the property condition upon vacating
Before or at the moment of handover, record the condition of the property through photos and video. If a handover report or inspection form is signed, retain a copy. This is the primary evidence in any deposit dispute.
Step 2 — Request a written explanation