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 rule, your landlord may only require you to hand over the residence in a generally good condition. This means that you must hand over the residence in the condition that the residence was in when you took over, except for normal wear and tear.
However, this does not apply to rental homes that were rented before July 1, 2015. In these cases, the landlord may require that you to hand over the residence in a newly repaired condition if it was newly repaired when you moved in.
So… What can you do to get most deposit when moving out?
Make a move in report as well as a list of defects when moving in
Our first advise to get most deposit back is at the time of move in. When you move into the residence, your landlord must call you in for a move in inspection, in which he must prepare a move in report. In this, the condition of the residence upon the move must be noted – as well as any shortcomings.
However, this is the landlord’s view of the condition of the residence. You should therefore also make a detailed list of defects in the residence that you send to your landlord within 14 days after taking over the residence.
This will be of great importance when moving out of the residence, as it can prove your complaint about any shortcomings in the residence that you will not be responsible for. It is therefore important that you are very thorough and note the smallest things down.
Why should you get help from DIGURA?
Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.
Take photos of the residence
If you have an ambition to get the most of your deposit back, you can take pictures of the residence, especially of the individual rooms and the specific shortcomings you find.
Thus, you can document how the tenancy looked when you took over. It is an advantage to date as well as to send them to the landlord as soon as possible – preferably within 14 days after you took over the residence.
You can take pictures of the condition upon vacating so that you can compare the pictures. If there is only deterioration in the form of wear and tear(as a normal consequence of living in the apartment), you have a very good case.
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Get most of your deposit refunded: maintain the residence while living there
The last trick to get the most of your deposit back is that you can maintain your residence on a regular basis. Usually, a large part of the money that is deducted from the calculation of the deposit upon relocation is due to the lack of maintenance of the residence.
In most rental agreements, the tenant is responsible for the internal maintenance. The internal maintenance involves painting, wallpapering and painting of floors.
The cost of repair for which the tenant is responsible may not exceed what is reasonable and usual. Tenants will often have to pay the landlord’s expenses in situations where the tenant has not fulfilled his duty to maintain the residence while living there.
Move in report and final Report
There are different rules regarding the move in and final reports, depending on whether your landlord is characterised as being an “amateur” landlord or a professional landlord.
Landlords who rent more than one residence are professional landlords. Landlords who only rent one residence are thus “amateur” landlords. The rules for “amateur” landlords are somewhat less strict than for professional landlords.
For “amateur” landlords, the landlord is not required to do a move in inspection or vacating inspection. However, the landlord must, within 14 days after the tenant vacate the residence, have sent or handed over a final report to the tenant and a statement of the price of the repairs.
If the landlord does not comply with this deadline, the landlord may lose his claim for refurbishment.
Professional landlords, on the other hand, must, according to the Danish Rent Act, carry out a move in and vacating inspection of the residence. In relation to this, the landlord must prepare a move in and vacating report.
When the tenant is to move out, the landlord must, at the latest, hold the vacating inspection 14 days after being aware that the tenant has vacated the residence. In addition, tenants must be notified of the vacating inspection no later than 1 week before the inspection.
The vacating report must be handed to the tenant either physically or electronically. This must be done on the spot. The tenant must acknowledge receiving this by signature or electronically confirm receipt of the report. If the tenant is not present for the inspection or disagrees with the contents, the landlord must send the vacating report to the tenant within 14 days of the inspection. Then the tenant can object.
If you have not received a move in report on the acquisition of the residence or if you have not received a vacating report in connection with termination of the lease, you are entitled to your full deposit. This is also applies even though there are damage in the residence. Because the condition of the lease upon your move in can not be documented, the landlord has no right to repair for your money.
You may also like: Moving out statement: what are the rules in Denmark?
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Dispute about deposit
Typically, we see that the landlord and tenant do not agree on what should be repaired in the residence or the price of these improvements. The landlord thus withholds the amount of the deposit (or the entire deposit), which the landlord considers to be used for renovation upon the tenant departure.
If you take your case to the rent committee and they rule in your favor, the landlord is obliged to refund part of or all of the deposit depending on the circumstances of the case. Until this time, the landlord can withhold your deposit. Of course, it’s not a pleasent situation if you are to move into a new apartment where you could use all or part of your “old” deposit to pay 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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