Your Landlord Won't Return Your Deposit: What to Do

Your lease has ended, you handed back the keys, and the landlord is keeping your deposit or not answering. Here is how to ask for it properly, what the landlord may and may not deduct, and when it is worth involving a lawyer in Prague.

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What you can do now

  1. 1

    Document the handover

    Ask for a signed handover protocol with meter readings and photos of the flat. If the landlord refuses, take dated photos and a video yourself and send them by e-mail so there is a record.

  2. 2

    Check what the landlord may deduct

    The landlord may only offset what you owe under the lease: unpaid rent, unpaid service charges, or damage beyond normal wear and tear. Ordinary ageing of the flat after normal use is not your cost.

  3. 3

    Ask for the deposit back in writing

    Send an e-mail, and ideally a registered letter, asking for the deposit with interest. Give your bank account, a clear deadline such as 14 days, and say which deductions, if any, you accept.

  4. 4

    Ask for the utilities settlement

    Advance payments for services are settled after the billing period, by law within four months of its end. If you may owe a difference, the landlord can offset it once the settlement is known — ask for it in writing.

  5. 5

    Still nothing? Send a final demand, then claim it

    A final pre-action demand often resolves it, especially on a lawyer's letterhead. If not, the deposit can be claimed in court, also when you have already left the Czech Republic.

Deadlines and money

A deposit may be at most three times the monthly rent, and at the end of the lease you are entitled to it back together with interest, at least at the statutory rate, from the day you paid it. The claim becomes time-barred after three years, so do not let it sit. A lawyer's demand letter is usually a small fixed fee compared with the deposit; court fees depend on the amount claimed. Ask for prices in advance.

Can you handle it yourself, or do you need a lawyer?

Most deposit disputes end after one clear written demand, so you can usually start yourself. Get a lawyer when the landlord claims damage you dispute, the amount is high, the landlord has disappeared or sold the flat, or you have left the Czech Republic and need someone to act for you here.

Bring the lease, proof that you paid the deposit, the handover protocol or your photos, and all messages with the landlord.

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Documents to Prepare

  • Lease agreement
  • Proof of paying the deposit (bank transfer or receipt)
  • Handover protocol, meter readings and photos of the flat
  • All e-mails and messages with the landlord
  • The utilities settlement, if you received it

Frequently Asked Questions

Can the landlord keep my deposit for repainting the flat?

Only if the walls were damaged beyond normal wear and tear. Ordinary ageing of the flat after normal use is not the tenant's cost.

I have already left Czechia. Can I still get my deposit back?

Yes. You can send the demand from abroad, and a Czech lawyer can pursue the claim for you without you having to travel back.

Do I get interest on the deposit?

Yes — at least at the statutory rate from the day you paid it, unless your lease agrees a higher rate.

Legal background

The rental deposit (jistota, formerly called kauce) is governed by Section 2254 of the Czech Civil Code (Act No. 89/2012 Coll.): it may not exceed three times the monthly rent, and when the lease ends the landlord must return it with interest at least at the statutory rate, after offsetting any outstanding debts arising from the lease. The settlement of advance payments for services is governed by Act No. 67/2013 Coll.

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