| Situation | What you do | Result |
|---|---|---|
| Landlord deducts for normal wear and tear | Demand money back in writing | Money must be returned |
| Landlord does not show receipts | Request documentation | Without proof, money must be returned |
| Landlord does not reply | Send reminder by registered mail | You can go to the Rent Tribunal |
| Landlord refuses to pay | Report to the Rent Tribunal | The Tribunal can order the landlord to pay |
A landlord cannot withhold the deposit without good reason
A deposit is money a tenant pays when the contract begins, as security that the flat is returned in good condition. A landlord can only deduct from the deposit for actual damage or unpaid rent — not for normal wear and tear. If a landlord withholds money without justification, the tenant must demand it back in writing, and if there is disagreement, the dispute can go to the Rent Tribunal (Hyresnämnden).
What does the law say about deposits?
The Private Rental Act (privatuthyrningslagen) (2026:772) applies when a private person rents out their own home or a flat. Under section 4 of the Act, contract terms that are disadvantageous to the tenant are void — this means a landlord cannot write in terms giving them the right to keep the deposit for anything whatsoever.
A deposit is not rent and not compensation for wear and tear. It is security. A landlord can only use the money for:
- Actual damage caused by the tenant (not normal wear and tear)
- Unpaid rent
- Costs to repair or replace something the tenant has damaged
Anything else is unlawful.
Deposit costs — what can a landlord deduct?
A landlord must be able to show what the money was used for. A list of damage is not enough — the landlord must present:
- Photographs or inspection records from move-in and move-out
- Quotes or invoices from repair contractors
- Receipts for materials or labour costs
If the landlord cannot prove the cost, the money must be returned.
Normal wear and tear is not a cost
Normal wear and tear is what naturally occurs when someone lives in a flat. Examples:
- Small scratches on the floor
- Faded paint on walls from sunlight
- Worn kitchen worktops
- Minor marks on walls from pictures
A landlord cannot deduct for this. If a landlord does, the tenant can demand the money back.
Actual damage is a cost
Actual damage is something that would not have happened if the tenant had been careful. Examples:
- Large holes in walls
- Broken cooker or fridge
- Water damage from a forgotten dishwasher
- Broken door or window
A landlord can deduct for this — but only for the repair itself, not for profit or markup.
Deposit costs a landlord is withholding — what can you do?
Step by step — how to get your deposit back
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Keep all documents. Photographs from move-in, rental contract, payment confirmations.
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Do a final inspection. Ask the landlord to do a joint inspection walk-through when you move out. Document the flat's condition together.
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Demand the deposit in writing. Send a letter or email asking for the money back. Name a bank account.
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If the landlord deducts money, ask for an explanation. Ask what costs have been deducted and request receipts and photographs.
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Compare with the contract. Read what the contract says about the deposit. If the landlord breaks the contract, point it out.
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Send a reminder. If the landlord does not reply, send a registered letter giving them extra time.
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Report to the Rent Tribunal. If the landlord still refuses, you can report the dispute to the Rent Tribunal (Hyresnämnden). It is free and you do not need a lawyer.
Frequently asked questions
Can a landlord charge interest on the deposit? No. The deposit is your property and the landlord cannot charge interest or a fee for holding the money.
How long does a landlord have to return the deposit? The law does not set an exact time, but it must happen without undue delay — normally within a few weeks after you move out. If the landlord deducts money, they must be able to show why.
What if the landlord is away or hard to reach? You can send a registered letter to their address. If they do not reply, you can report them to the Rent Tribunal (Hyresnämnden), which can force them to pay.
Can a landlord deduct for furniture or fittings I left behind? No. Furniture and fittings are your belongings. A landlord can only deduct for damage to the flat itself — walls, floors, appliances and fitted fixtures.
What applies to furnished lettings?
If you rent a furnished flat, a landlord can deduct for damage to the furniture — but only if the damage is more than normal wear and tear. A scratched chair or a stained sofa is normal wear and tear. A broken chair or a sofa with large holes is damage.
The landlord must still show receipts and photographs.
Read more about this in the article Can you charge a higher deposit for furnished lettings?
What can a landlord deduct from the deposit?
If you want to know exactly what costs a landlord can deduct, read What can a landlord deduct from the deposit? There each type of damage and cost is explained.
Other rights you should know about
A deposit is only part of your rights as a tenant. You also have the right to know what a landlord can and cannot do during the contract.
- If you want to know what it costs to break a rental contract early, read What does it cost to break a rental contract?
- If you are unsure whether a landlord can raise the rent, read Can a landlord raise the rent during the contract period?
- If you wonder whether you can keep a pet, read Can a landlord ban pets?
This text is general information and not legal advice.
