The landlord may request a security deposit from the tenant when entering into the tenancy agreement.
This security deposit serves as security for the landlord that any damage to the rented property caused by the tenant, or any rent arrears, will be covered.
Before the tenancy agreement begins, a description of the condition of the rented property may be made. On that basis, an end-of-tenancy inspection can determine whether, and if so which, damage has arisen. If damage has arisen and this is attributable to the tenant, the landlord must first give the tenant the opportunity to remedy the damage themselves before the end of the tenancy agreement. If the tenant fails to do so, the landlord may use the security deposit and arrange for the repairs to be carried out themselves.
If no description of the condition of the rented property was made in advance, the law creates a presumption (subject to rebuttal) that the tenant will return the property in the same condition as they received it. It is therefore advisable to inspect the condition of the rented property in advance and draw up a description of it, if possible with photos and videos.
Changes to the rented property made with the landlord’s consent do not have to be undone, unless otherwise agreed. Likewise, the tenant is not obliged to repair damage caused by age or wear and tear.
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