When we rent an apartment, it always implies the payment of a deposit so that the owner can deal with the damages caused by the landlord. Depending on the damage, this must be borne by the owner or by the tenant. At the same time, depending on the damage, it is discounted or not from the deposit. But, next, we are going to analyze which are the models that can be used to claim the return of a deposit, either complete or partial.
To start with the model, the first thing will be to refer to the contract signed and agreed between the parties. This prior agreement must establish which damages are the responsibility of the owner and which are the responsibility of the tenant. For example, if a piece of furniture or an appliance breaks down, if there is a chip on the wall, etc. Based on this, then the deposit return model must be prepared, which can be total or partial, as already indicated.
In the event that there is no damage to the property, the return will be much easier. Since, in this way, the landlord will only have to indicate that the property is in the same state in which it was at the beginning. There may even have been some improvement.
For its part, in the event that there has been any damage, then it will be necessary to go to the initial contract to find out if this damage should be deducted from the deposit or not. At the same time, it can also be deducted from the deposit if there has been any non-payment by the landlord in any month.
The first thing is to start with a formal, written request for the return of the deposit. Here reference will be made to the initial contract and to what was agreed between the parties. If there are no damages, then it must be mentioned and the full return requested. While, if there has been any damage, it can be mentioned in the request or wait for the owner's response.
In addition to the application, it must also be accompanied by a lease termination agreement, which in this case must be signed by both parties when the agreement occurs. If not, an agreement will have to be reached on the return to prepare another contract termination document.
But, in any case, the first step is to start with the return request, the subsequent delivery of the keys and the identification of the rental contract that was signed. Once the two parties reach an agreement for the return of the deposit, then the contract termination document with return of the deposit will be prepared, which both parties will have to sign.
Unfortunately, the landlord and the tenant may not come to an agreement. The most advisable thing to do is always go the friendly way to save costs and time, but if this does not happen then you will have to contact a lawyer to go to the second step. Before sending it to Justice, there is an intermediate step that consists of sending a burofax with the bail request, adding a warning to take legal action if the bail is not returned.
This step, that of the burofax, is of vital importance if the process ends up reaching the court. In this way, the judges will have proof of the notification and, in addition, the owner would have to pay the legal expenses, in case he loses.
If it is not resolved with that intermediate step, then our lawyer will have to take the case to court. Here, a verbal trial will proceed if the amount is less than 6,000 euros or an ordinary trial if it exceeds 6,000 euros. At the same time, if the amount is less than 2,000 euros, it will not be necessary to have a lawyer or solicitor. However, the legal demand for the bail claim must be prepared and presented by a lawyer.
Thus, in the deposit return model we will have to refer to what was agreed in the first contract and make a request for a return plus the delivery of the keys. Afterwards, everything will depend on whether there is an agreement between the parties or not.
