Can a landlord ask for a deposit of any size?
In part: the Civil Code does not directly cap the size of a rental deposit — it is set by agreement between the parties. So the myth that "the deposit is limited by law to one month" has no basis: the law sets no maximum, and in practice a deposit is usually agreed at 1–3 months of rent. There is, however, an important limit that many confuse with the deposit: under Article 6.583 of the Civil Code the landlord may not demand rent in advance — except the rent for the first month. A deposit is different from rent: it is security (a guarantee against possible damage or unpaid rent), not the landlord's income, so it is returned when the tenancy ends, minus only justified and documented sums. To avoid disputes later, the deposit's size, purpose and return conditions must be written clearly into the tenancy agreement, and the condition of the flat recorded in a handover act.
📋 The rules
- The law sets no maximum deposit — it is fixed by the contract
- In practice the deposit is usually 1–3 months of rent
- Rent in advance may be demanded only for the first month (CK 6.583)
- The deposit is security, not the landlord's income
- When the tenancy ends the deposit is returned, minus only justified sums
🔓 Exceptions
- State and municipal housing is let under a separate government procedure, not the rules of commercial tenancy
- If the landlord is a business and the tenant a consumer, consumer-protection rules on unfair terms also apply
- There need be no deposit at all — it is not a mandatory statutory condition but a choice of the parties
⚠️ Penalties & fines
The biggest risk is not a fine but an unreturned deposit and a long dispute. Because the law does not clearly regulate the deposit, everything turns on the wording of the contract and the evidence. If there is no handover-and-acceptance act, or the condition was not recorded in photos, it is hard for the tenant to prove the damage already existed, and for the landlord to prove it was the tenant's fault. An unlawfully withheld deposit must be recovered through civil proceedings: a claim is filed, the sum is awarded, and the losing side covers litigation and bailiff costs. What often goes unnoticed: the landlord cannot arbitrarily keep the whole deposit as a "penalty" for moving out or treat it as the last month's rent unless that was agreed; and a tenant who is late with the rent can lose the deposit faster than expected. A clear contract with a deposit clause and a handover act protects both sides.
📎 Official sources
- e-seimas · Civil Code (residential tenancy) →
- e-seimas · Civil Code (Art. 6.583, rent) →
- Registrų centras · registering tenancy agreements →
❓ Frequently asked
Is there a maximum rental deposit?
No, the Civil Code sets no maximum size for the deposit — it is decided by agreement between the landlord and the tenant. In practice the deposit is usually one to three months of rent, but that is not a limit fixed by law.
Can a landlord demand several months of rent in advance?
Under Article 6.583 of the Civil Code rent in advance may be demanded only for the first month. The deposit is a separate thing — it is meant to cover possible damage or debts, not to pay future rent for several months ahead.
When must the deposit be returned?
The deposit is returned when the tenancy agreement ends and the flat is handed back in order. The landlord may deduct only justified and proven sums — unpaid rent or damage beyond normal wear — and must return the remainder to the tenant.
Can the landlord keep the deposit as the last month's rent?
Only if that was clearly agreed in the contract. Otherwise the deposit is security, not rent, so the landlord has no right to set it off as the last month unilaterally, and must account for how the money was used.
How can I protect myself against losing the deposit?
Put a clear deposit clause in the written tenancy agreement and draw up a handover-and-acceptance act, recording the condition in photos. If a deposit is unlawfully withheld, it can be recovered through the courts, and the losing side pays the costs.
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