Your deposit is not returned. What to do?

The 'caparra' - or rather 'deposito cauzionale' - is an amount that is required at the time of signing the contract and retained by the landlord, for the sole purpose of compensating for a loss due to:

• Failure to pay rent, or

• Damage caused by the tenant to the property.

The security deposit, according to Law 391/78 art. 11, can be a maximum of 3 monthly payments and must be returned in full at the end of a contract when the keys are handed over.

Part of the security deposit can be retained by the landlord only if:

• The tenant has not paid all rent due,

• There is evidence of damage to the apartment not due to normal wear and tear (which is the responsibility of the landlord). These damages must be verified by both the landlord and the tenant at the time of the return of the keys, described in a report signed by both, and the assessment of the damage must be agreed upon (i.e., cannot be decided by the landlord alone).

Let's try to understand the implications in practice of what normally happens in rentals:

1. Any bills or subsequent costs to be borne by the tenant cannot be withheld in advance from the amount of the deposit, which must be returned when the keys are returned. However, if the value of bills or cleaning costs have not yet been verified, a lump sum, based on historical costs, can be agreed upon and left with the landlord at the time of closing the contract. But the deposit cannot be withheld pending the arrival of the utility bills.

2. If the deposit is withheld for damages that have not been verified by both parties by the time the keys are returned, it is considered a tort.

3. If a handover report is not signed, the principle of 'seen and liked' applies: the contract is considered terminated and it is assumed that the property has been returned in good condition. Any alleged subsequent damage cannot be attributed to the tenant

4. The landlord cannot unilaterally decide on the value of an identified damage, but it must be proven by an estimate (e.g. of a repair or cleaning company) or agreed between the parties

5. In case of damage claimed after the handover of the keys, the landlord has to prove that it was not possible to prove it at the time of the signing of the record of return and that it was caused by the tenant himself, otherwise withholding the deposit for this is considered unlawful

6. Anything that falls within the normal wear and tear of the house (replacement of old furniture, damage from normal wear and tear) are not the responsibility of the tenant

As you can see, the principles for which the deposit can be withheld from tenants are clearly defined. 

In all other cases, the landlord commits a civil wrong and the tenant can request its restitution even through a court injunction. Let's see below how to proceed.

The way to proceed depends on the phase you are in:

• If you have yet to return the keys: Keep your rights in mind, and if you fear that the landlord will take advantage of your rights, make it clear that you will not return the keys until you have signed an inspection and return protocol and agreed to return the amount owed. 

  • The report can also be a few words handwritten and countersigned by both parties, which declares the return of the keys and the good condition of the accommodation

• If you have already handed over the keys: Don't worry, you can get your deposit back anyway. You can request the return of what is owed either informally or by informal notice. If the landlord intends to maintain his illegal position and does not return the deposit, you remain in a position of strength with the ability to seek an injunction.

You can pursue the return of an improperly withheld deposit up to 5 years after the conclusion of the contract.

There are also differences based on the reasons the landlord does not want to return what is owed:

• The owner may have claimed unjustified costs or damages because they are not due according to law, or with inflated values compared to the actual value of the damage

• The owner states that he wants to return the deposit at a later date or does not present a clear excuse, or does not respond to communications trying to gain time

The path is well defined and within everyone's reach. You can be followed step by step by giustiziapertutti.eu, to get back the deposit quickly and without much effort!

The tenant is at no risk. It is easy to prove when the deposit has been withheld and the landlord is in default, and in most cases the landlord will quickly come to his senses. Otherwise, you can apply for an injunction ('Decreto ingiuntivo') with virtually certain result, the costs of which will be fully reimbursed by the landlord or covered by us.

Most cases are resolved within 30 days from the beginning, as the landlord usually repents before any formal steps are taken against him. 

If, on the other hand, you actually end up applying for an injunction, the preparation of the appeal will take you a few hours, the measure should be issued within 10 days, after which it must be returned within 40 days of its service.

• No need to be present on the territory: the whole process can be followed remotely, even from abroad!

• We will help you to keep the right timing and in collecting the necessary documents, and in identifying a lawyer who will be appointed to represent you in the process

A simple answer: YES

For two reasons:

• Because it is fair: You are witnessing an abuse of power and a legal wrongdoing, and even if they are small amounts, not only is it right to enforce your position, but it is necessary to prevent it from happening again in the future to others, making homeowners profit illegally. This is the founding principle for which Giustiziapertutti.eu exists.

• Because it is convenient: Thanks to our technical support and our templates, the time required by you to prepare everything ranges from 3 to 16 hours. Considering the average amount of a deposit of 800€, this means that your effort will be repaid with a value of 50-250€ per hour! Few jobs can offer a comparable income

Thanks to giustiziapertutti.eu, it's simple! Once we have the documentation, we can take care of everything, and we can anticipate the costs and take care of finding a lawyer in case of need.

At the moment, our services for black rent cases are:

• Providing clear and simple information: Timely information and practical advice to be able to protect your rights, without complicating them unnecessarily or speaking in legalese

• Preparing personalized messages and letters for your case: We prepare documentation adapted to your case that you can use to communicate with your homeowner

• We take care of the bureaucracy: We provide a service of sending letters and registered mail, as well as delivery of complaints, so that your effort should be minimal.

• Network of attorneys: When a lawyer is needed, we have a network of collaborators used to working with us, who can take charge of your case and carry it out immediately and quickly by accessing the information and documents in our database

• Documentation and time management: You can use our service to receive notifications in the recommended time frame to proceed to the next steps, and collect all the necessary documentation

• We can bear the costs for you: If you are in need and your case falls within the standard cases, we can cover any legal fees in case of failure.