The rental deposit: how it is paid, what it covers and how it comes back

The zakladka is the landlord’s security. It is money held in advance against damage that may happen, an unpaid utility bill, or a flat abandoned before the term is up. The important part is that it is not the landlord’s income. If the flat is undamaged and nothing is owed, it has to come back in full — that is not a favour, it is an ordinary condition of the deal.

The first misunderstanding starts here. Many tenants treat the deposit as "the last month’s rent" and stop paying a month before they leave. The landlord treats it as untouchable security and expects that month to be paid like any other. Each of them is right in their own terms, because nobody ever wrote it down. One sentence in the contract — does the deposit count as the final month, or is it returned separately — closes the argument entirely.

The second misunderstanding comes from confusing the deposit with a letting fee. What an agency takes is payment for its work and it does not come back; the zakladka is returnable money and it is handed to the owner of the flat and to nobody else. If the person asking you for a "deposit" is not the owner and holds no written authority from them, that is already a completely different conversation.

The clause does not need to be long — four or five sentences will do, provided each of them is precise. A general phrase such as "withheld in the event of damage" means nothing in practice, because nothing marks where damage begins. List instead what money may be withheld for, and add a separate sentence saying that fair wear and tear does not count as damage.

The second essential is timing. "Returned after you leave" can stretch into months without anyone having broken the agreement. Put a number on it: how many days from the day you hand the flat back, and by what method. If it is coming by transfer, the card or account number belongs in the contract too.

If a ready-made contract is missing one of these clauses, you can write it in by hand and have both parties sign in the margin. The rest of the contract is dealt with in the separate guide to checking a rental agreement before you sign.

The outcome of the argument on the day you leave is settled on the day you arrive. When you take the keys, photograph every room on your phone — not attractively, but completely: the walls, the corners of the ceiling, the floor, the marks beside the doors, the seals in the bathroom, the inside of the kitchen cupboards, the window frames. Phone photographs carry the date automatically, and that date is what makes them evidence later. Add a short video as well: one walk through the flat, room by room, is enough.

Alongside the photographs, draw up an inventory. List the furniture and appliances by name and write a word or two on the condition of each: fridge works, door seal worn; air conditioner works, no remote; edge of the kitchen table chipped. Print two copies, have both sides sign, and attach it to the contract.

The third job is the meters. Write down the water, gas and electricity readings and photograph them so the digits are legible: an outgoing tenant’s debt is very often taken out of the next tenant’s deposit.

The list of things that can justify keeping part of the deposit is shorter than people expect. Real damage, meaning something broken rather than ordinary wear from use; unpaid rent, or unpaid kommunal — the utility bills for electricity, gas, water and refuse; leaving before the term in breach of the notice the contract sets out; and failing to hand the flat back in the state agreed, for instance leaving it uncleaned or full of things you did not take with you.

Fair wear and tear is not damage. Paint that has dulled with time, a thin patch in the flooring where people walk, a tap washer that has given up, a blown bulb, a door lock that has loosened naturally — none of that is the tenant’s fault. This boundary is the one that gets argued about, which is exactly why it is worth writing into the contract.

The sum withheld has to be justified as well. Not a rough "that will cost something to repair", but something specific: which item, what repairing or replacing it cost, and a receipt or at least a written estimate from a tradesman. Asking for that account is entirely reasonable and it is not rude.

Prepare for the handover a day in advance. Clean the flat and put the small things right yourself — changing a blown bulb or taking out a nail you hammered in costs you an hour, and costs considerably more on the landlord’s account. Do not leave things behind: to the landlord they are rubbish, and taking rubbish away is another expense.

Hand the flat back with the landlord present. Take the inventory, walk through room by room together and check the entries one by one. Write down and photograph the final meter readings, and show the paid utility receipts. At the moment you hand over the keys, get a short receipt from the landlord: the flat was accepted on this date, in this condition, with no claims outstanding.

If the deposit is returned the same day, confirm in writing that you received it; if it is to be transferred later, the receipt should state how much is coming back and by what date.

The first step is not a row but a written approach. Message the landlord: the date you handed the flat back, the clause of the contract the money is due under, the amount, and the date by which you expect it. It matters that it is in writing, because a phone call cannot be evidence afterwards. Most cases are settled at this stage.

If there is no answer, or money continues to be withheld without justification, gather everything in one place: the contract, the inventory, the move-in and move-out photographs, the meter readings, payment receipts and the correspondence. From there you can send a formal written claim and, if it comes to it, go to court. This is the moment when those dated photographs from move-in day decide how strong your case is.

It is worth saying again: this article is general practical guidance, not legal advice. If the sum is significant or the two sides cannot agree, take advice from a lawyer before you start — one consultation usually costs less than months of correspondence.