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Guarantees, securities & financial instruments

Return of Security Guarantees

The legal obligation to return all financial guarantees to the tenant when the lease ends, deducting only proven damages or outstanding debts.

Once the tenancy terminates, the landlord must return all guarantees within 30 days, unless there is documented damage or an unpaid rental balance. Landlords wishing to withhold funds must substantiate their claims in writing with evidence such as photos, repair receipts, or registered mail notices.

If a landlord unlawfully refuses to return guarantees, the tenant can sue for recovery in Small Claims Court. Unexercised promissory notes must be physically handed back, whereas bank guarantees expire automatically through the bank if no claim is made before the deadline. To prevent disputes, tenants and landlords should sign a joint move-out inspection form documenting the apartment's condition.

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The information in this glossary is for general informational purposes only and does not constitute legal advice. In the event of a dispute or a specific legal question, consult an attorney specializing in tenancy law.

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