Wear or damage: protecting your rental deposit

An apartment does not have to look brand new after several years of occupation. However, ordinary wear does not remove duties of care, agreed maintenance or liability for damage. Assessment depends on before-and-after condition, cause, age, contract terms and evidence. There is no universal statutory tariff of €50 per scratch.

The legal starting point

Civil Code §682 links return to agreed use and ordinary wear; §8 of Act 98/2014 expressly requires return in a condition reflecting ordinary wear. §693 concerns damage caused by the tenant and household. Routine maintenance under §687 and Regulation 87/1995 is a separate issue. Consequently, no compensation for wear does not mean the tenant never pays for repainting or minor repairs.

Examples: look at cause and extent

Sun-faded paint and light foot-traffic marks may be ordinary wear; burns, a broken door or a deep furniture-dragging gouge may be damage.
A wall crack does not prove tenant fault: settlement, structural defects or an impact may explain it.
Mould and water stains require finding the source: leaking shared pipes and a tap left running are different situations.
An old refrigerator failing does not alone prove misuse; age, servicing and technician findings matter.
Fixing holes require assessing size, number, permission and contract terms. One hole does not automatically justify repainting the whole apartment.

These examples frame questions rather than replace diagnosis. Similar marks can have different causes. Record existing scuffs at move-in to prevent disputes about when they appeared. For expensive equipment, record the model, approximate age and working condition, rather than simply writing sofa or washing machine.

Damage does not automatically mean paying for a new item

Civil Code §443 uses the item’s value at the time of damage. The original invoice or cost of a new model does not always establish loss for an old item. Condition and reasonable repair options matter. There is no universal mandatory sofa lifespan or depreciation percentage for every rental. Ask why full replacement is needed if the item can be restored.

A negotiation example: a chair originally bought for €160 is damaged. The landlord proposes a €220 replacement, while a technician offers a €45 repair. Compare options and evidence of actual loss; neither amount is automatically the correct legal outcome. Repair suitability, the damaged item’s value and evidence determine the result. Do not present an invented depreciation table as law.

Recording condition at both handovers

Photograph each room overall and defects close up. Keep originals and send the agreed set to the landlord.
Describe defects in the report, record meters and list keys and equipment. Both parties’ signatures strengthen the evidence.
At departure, clean first and compare with the move-in report. Agree remedial work before commissioning it.
Record objections to specific deductions. Do not sign blanket acceptance of costs you have not checked.

Challenging a deduction

Request an itemised written calculation identifying the damage, why you are responsible and evidence of original condition and cost. Attach your report, photos and earlier defect notifications. Propose return of the undisputed balance separately and a final settlement date. If agreement fails, send a specific demand with bank details and obtain legal advice.

Example: against a €1,000 deposit, the landlord claims €250 for a sofa and €70 for agreed cleaning. If you accept the cleaning but dispute the sofa, the proposed undisputed balance is €680, with €250 still contested. This structures negotiations but does not establish the deductions’ validity. Return procedures and deadlines depend on the rental regime and contract; see the long-term rental guide.