🔑 How high can the rental deposit be and when do I get it back?

With conditions

Quick answer

The deposit may be at most three months of rent, and the landlord must settle up within four weeks of the day you hand the flat back. Under the Tenancy Act no. 36/1994 — as amended by Act no. 106/2024, in force 1 September 2024 — the deposit and a third-party guarantee may not exceed three months of rent. The landlord chooses the form of security, but you may refuse a cash deposit if you offer another satisfactory security. The myth many are stuck with: that the landlord may hold the deposit for two months or until it suits them. That is out of date — the landlord must now state any claim on the deposit in writing within four weeks of the handover, or return it with interest without undue delay. If a claim is made and you reject it, the landlord must take the matter to the rent tribunal or return the money.

📋 The rules

The deposit and third-party guarantee may not exceed three months of rent under the agreement (Art. 40 of Tenancy Act no. 36/1994).
The landlord chooses among forms of security, but the tenant may refuse a cash deposit if offering another security the landlord finds satisfactory.
At the end of the tenancy the landlord must state any claim on the deposit in writing within four weeks of the handover of the property.
If the landlord makes no claim within the deadline they must return the deposit with interest without undue delay — and pay penalty interest from the four-week mark.
If the tenant rejects the claim the landlord must refer the dispute to the rent tribunal or sue within four weeks, or else return the money.

🔓 Exceptions

A deposit held by the landlord now bears interest (under Act no. 38/2001) instead of the former requirement of index-linking.
A fee paid into a landlord mutual-guarantee fund is not refunded at the end of the tenancy — it is of a different nature than a deposit.
If a dispute over liability is put before the tribunal or a court, the deposit stays with the landlord until a final result is reached.

⚠️ Penalties & fines

For the landlord the costliest mistake is to hold the deposit too long or without a valid claim. If no written claim is made within four weeks of the handover the right to draw on the deposit falls away, the landlord must return the money with interest, and penalty interest runs from the point four weeks have passed until it is returned. Holding money back without pursuing the matter to the rent tribunal or a court within the deadline forfeits the claim. For the tenant the danger is to sign up to too large a deposit — more than three months of rent — or to hand the flat back without an inspection, because then it is one word against another about its condition. The hidden cost on both sides lies in time and effort: a case before the rent tribunal is free for the tenant but takes weeks, and meanwhile the deposit sits locked. The wisest course is to carry out an inspection at the start and end of the tenancy and to keep everything in writing.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

How high can the rental deposit be?

The deposit and any third-party guarantee together may not exceed three months of rent under the agreement. If the landlord asks for more it is beyond what Tenancy Act no. 36/1994 allows, and the tenant does not have to agree to it.

When should I get the deposit back?

The landlord must state in writing within four weeks of the handover of the flat whether they make a claim on the deposit. If no claim is made they must return the money with interest without undue delay, and penalty interest runs from the four-week mark.

Can the landlord hold the deposit for two months?

No, the two-month rule is out of date after the change that took effect on 1 September 2024. The current deadline to make a claim is four weeks from the handover, and once it passes with no claim the tenant is entitled to a refund with interest.

What can I do if the landlord does not return the deposit?

You can refer the dispute to the rent tribunal, which deals with tenancy matters free of charge for the tenant. If the landlord makes a claim you reject, it is for the landlord to refer the matter to the tribunal or sue within four weeks, or else return the money.

Does the deposit earn interest while the landlord holds it?

Yes, after the change in the law a deposit held by the landlord bears interest instead of the former index-linking requirement. When the deposit is returned it must come with the accrued interest, and penalty interest is added if the return drags past the four-week deadline.

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