Many disputes concern deposit issues. In this article, DIGURA gives you some tips to get most of your deposit refunded.
What can your landlord require when moving out?
As a general rule, your landlord may only require that you return the property in generally good condition. This means that you must hand over the residence in the same condition that it was in when you took over, with the exception of normal wear and tear.
This, however, does not apply to rental homes rented prior to July 1, 2015. In these cases, the landlord may require you to return the home in a newly repaired condition if it was recently repaired when you moved in.
So… What can you do to maximize the return of your deposit when you move out?
Make a move in report as well as a list of defects when moving in
Our first piece of advice for recovering most deposits is to do so at the time of move-in. When you move into a new home, your landlord must schedule a move-in inspection and prepare a move-in report. This includes noting the condition of the home prior to the move – as well as any and all flaws.
However, this is the landlord’s assessment of the residence’s condition. As a result, you should also create a detailed list of defects in the residence, which you should send to your landlord within 14 days of taking possession.
This will be extremely important when moving out of the residence, as it will serve as proof of your complaint about any shortcomings in the residence for which you will not be held liable. As a result, it is critical that you are meticulous and take careful notes on even the smallest details.
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Take detailed photos of the residence
If you want to get the most of your deposit back, you can photograph the residence, particularly the individual rooms and any flaws you notice.
As a result, you’ll be able to document how the tenancy looked when you took over. It is preferable to date and send them to the landlord as soon as possible – preferably within 14 days of taking over the residence.
You can take pictures of the condition after you leave so that you can compare them. If the only deterioration is from normal wear and tear (as a result of living in the apartment), you have a strong case.
You may also be interested in: How to terminate your lease in Denmark
Get most of your deposit refunded: maintain the residence while living there
The final trick to recouping the majority of your deposit is to keep your residence in good condition on a regular basis. Typically, a large portion of the money deducted from the deposit calculation upon relocation is due to a lack of maintenance of the residence.
Internal maintenance is typically the tenant’s responsibility in most rental agreements. Internal maintenance includes painting, wallpapering, and floor painting.
The cost of repairs for which the tenant is liable may not exceed what is reasonable and customary. Tenants are frequently required to pay the landlord’s expenses when the tenant fails to fulfill his duty to maintain the residence while living there.
Move in report and final Report
There are different rules for move-in and final reports depending on whether your landlord is a “amateur” landlord or a professional landlord.
Landlords who rent out multiple properties are considered professional landlords. Landlords who only rent out one property are thus considered “amateur” landlords. The rules for “amateur” landlords are less stringent than those for professional landlords.
“Amateur” landlords
The landlord is not required to conduct a move-in or move-out inspection for “amateur” landlords. However, the landlord must send or hand over a final report to the tenant, as well as a statement of the cost of the repairs, within 14 days of the tenant’s departure from the residence.
If the landlord fails to meet this deadline, he may lose his claim for refurbishment.
Professional landlords
Professional landlords, on the other hand, are required by the Danish Rent Act to conduct a move-in and vacating inspection of the property. In this regard, the landlord must prepare a move in and out report.
When a tenant moves out, the landlord must conduct a vacating inspection no later than 14 days after becoming aware that the tenant has vacated the residence. Furthermore, tenants must be notified of the vacating inspection at least one week prior to the inspection.
The vacating report must be physically or electronically delivered to the tenant. This must be done immediately. The tenant must sign or electronically confirm receipt of the report to acknowledge receipt. If the tenant is not present for the inspection or objects to its contents, the landlord must send the vacating report to the tenant within 14 days of the inspection. The tenant can then object.
You are entitled to your full deposit if you did not receive a move-in report upon the acquisition of the residence or if you did not receive a vacating report upon the termination of the lease. This holds true even if the house has been damaged. The landlord has no right to repair for your money because the condition of the lease at the time of your move in cannot be documented.
You may also like: Moving out statement: what are the rules in Denmark?
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Dispute about deposit
Typically, the landlord and tenant cannot agree on what should be repaired in the home or the cost of these improvements. As a result, the landlord withholds the amount of the deposit (or the entire deposit) that the landlord believes will be used for renovations following the tenant’s departure.
If you take your case to the rent committee and they rule in your favour, the landlord is required to refund a portion or all of your deposit, depending on the circumstances of the case. The landlord may withhold your deposit until this time. Of course, it’s not a pleasant situation if you’re about to move into a new apartment and you’ll be able to use all or part of your “old” deposit to pay for the “new” deposit.
Get legal advice and avoid being deceived
This topic can be very complicated as a tenant. The above is to be seen as a general guidance and not as downright legal advice. We always recommend that you contact us to ensure that you get the proper necessary legal advice that is relevant for your specific case.
You can get help with this topic but also any other matters you may have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple thousands to 30-40,000 kroner. Imagine what else you could spend the money on.
Let us help you
At DIGURA we are always available and easy to reach, you have your own legal advisor, and best of all you only pay if we win your case. Therefore, it is risk free for you to get help from us.
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