Can the Landlord Keep the Security Deposit? When Yes and When Not?
Imagine moving out of an apartment. Everything is cleaned, the keys are returned, the movers are gone. All you’re waiting for is the return of the security deposit you paid years ago. Instead, you receive an email from the landlord: “I’m keeping the deposit to cover damages and unpaid bills.” The problem? You have no idea about any damages. Holding onto a deposit is one of the most common causes of disputes between landlords and tenants – and it often ends up in court.
This article is part of the large guide to lease agreements, where you can find more practical topics related to renting apartments, houses, and commercial spaces: read more
Clients often ask: “Can the landlord just keep my deposit?” or “What reasons does the law allow?” I’m writing this article because there are many myths and half-truths surrounding security deposit retention. People search for phrases like withholding deposit in rental, when can landlord keep deposit, security deposit damages – and often don’t know exactly what the law says.
What You’ll Learn in This Article
When the landlord is entitled to keep the deposit.
When the deposit must be returned in full.
Common mistakes tenants make when handing over the apartment.
How to defend yourself against unjustified deposit retention.
Landlord’s Right to Set Off Claims
According to Section 2254 of the Czech Civil Code, the landlord has the right to set off from the deposit any unpaid rent, arrears for utilities, and repair costs that exceed normal wear and tear of the apartment.
Normal wear and tear means deterioration caused by ordinary use – for example, slightly worn carpet or mildly scuffed paint after several years of use.
When the Deposit Must Be Returned in Full
If the tenant has no debts and returns the apartment in its original condition (taking normal wear and tear into account), the landlord must return the deposit in full, including statutory interest. Retaining it without a legal reason could be considered unjust enrichment.
When Retention of the Deposit Is Not Justified
No proof of damage – the landlord must prove that damage occurred and was caused by the tenant.
Costs are unreasonable – repairing a minor defect for thousands may be excessive if it could be fixed more cheaply.
No written handover protocol – without it, the landlord’s evidentiary position is weaker.
Risks for Tenants
If you don’t document the handover, it’s hard to defend against claims of damage.
Failing to get written confirmation of key return may result in being charged further rent.
Even a small utility arrear can be used by the landlord as a reason to keep the entire deposit.
Lawyer’s Advice
💡 Always prepare a handover protocol – ideally with photo documentation.
💡 Insist on a detailed calculation of reasons for retention – verbal claims are not enough.
💡 Specify in the contract the time frame for deposit return – without it, you may face unnecessary delays.
Do you want your rental agreement to clearly define the conditions for returning the deposit and avoid disputes? I can draft or review your lease so that it fully protects your rights.
Contact me – everything can be handled online, quickly, and for a fixed price.
Contact a legal professional – I specialize in contract law.
Learn more here.
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- Naposledy aktualizováno: 08/08/2025
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Can the Landlord Keep the Security Deposit? When Yes and When Not?
Print Imagine moving out of an apartment. Everything is cleaned, the keys are returned, the movers are gone. All you’re waiting for is the return