Locked-in rental guarantee
Locked-in rental guarantee
"Can the owner of a flat withhold part of the sum blocked for the rent guarantee when the keys are returned, even though no work has been carried out and we have had to pay for the taps to be changed and the bath to be re-glazed?
Patricia, Carouge
The rental guarantee is a security usually included in lease contracts. For flats, the guarantee cannot exceed three months' rent. It is usually deposited in a bank account in the tenant's name.
For the duration of the lease, the lessee cannot demand that the lessor release the blocked sum, as it serves to guarantee the lessee's solvency in the event that the lessor has a claim against the lessee. At the end of the lease, the lessor must release the bank guarantee in full, together with any interest paid by the bank; his agreement must be given in writing. If the landlord refuses to do so without a valid reason, the tenant may refer the matter to the conciliation authority.
However, throughout the term of the lease, the tenant must carry out minor maintenance work on the rented property at his own expense. For more extensive work, involving alterations to the leased property, the tenant must obtain written authorisation from the lessor. If, at the end of the lease, the tenant has carried out work that does not meet with the landlord's approval, he may be obliged to restore the property to its original condition, without being able to claim any compensation. On the other hand, if the flat represents a considerable increase in value for the lessor as a result of duly authorised renovation or alteration work carried out by the tenant, the latter may claim compensation in proportion to the increase in value.
Changing taps or renovating the bathtub are not routine maintenance work and should normally have been carried out by your landlady. If she refused to do so and you had the work carried out without first referring the matter to the Conciliation Board, you have certainly taken a risk, but this should not allow the landlady to withhold part of your rent guarantee, unless you are in debt to her in some other way, for late rent or damage to the flat.
