The Landlord Is Not Returning the Apartment Security Deposit: When to Demand It and How to File a Claim
A security deposit does not become the landlord’s money simply because the tenancy has ended. To recover it, it is important to determine the deadline under the agreement, document the handover of the apartment, and demand an accounting for every shekel withheld.
- •1971 — the Rent and Loan Law was enacted
- •2007 — the Court Fees Regulations were adopted
- •Section 81 — the basis for enforcing a court judgment
- •Section 18 — restoration of the prior position when a judgment is revoked or amended
Check the Agreement First, Not Promises in Correspondence
The relationship between the parties is governed primarily by the agreement and the Rent and Loan Law, 1971. Find the clauses concerning the deadline for returning the security, the final settlement of utility bills, and the conditions for withholding funds. The sources provided do not make it possible to identify a single return deadline applicable to every agreement, so the specific date should be determined from the wording of the agreement and the circumstances of the apartment’s handover. If a deadline is specified, a written demand may be sent immediately after it expires; if not, after returning the apartment and receiving the information on the final payments, give the landlord a specific reasonable deadline for providing the accounting.
What the Landlord Is Trying to Withhold and What the Court Will Examine
A dispute usually arises over unpaid rent, bills, or alleged damage to the apartment. The statement “repairs are needed” alone is not enough for a clear accounting: ask the landlord to identify the defect and its cost and to attach invoices, estimates, or proof of payment. The court will compare the condition of the apartment at move-in and move-out, the terms of the agreement, the correspondence, and the expense documents. It is important to distinguish ordinary wear and tear from specific damage, and the disputed amount from the undisputed balance of the security deposit.
Collect Evidence Before Handing Over the Keys
Useful evidence includes the signed agreement, proof that the security deposit was provided, a bank statement or receipt, and photographs and videos of the apartment at move-in and move-out. Add the handover report, meter readings, confirmation that the keys were returned, paid bills, and all correspondence concerning the landlord’s claims. A common mistake is to hand over the keys without written documentation of the date and the condition of the property and then discuss everything only by telephone. If you spoke orally, immediately send a message briefly summarizing the agreement and ask the landlord to confirm it.
The Written Demand Must Include an Accounting
State the apartment’s address, the dates of the tenancy and the handover of the keys, the amount paid in shekels, and the clause of the agreement concerning the return of the security. Separately list the deductions you accept and the remaining amount you demand be returned. Ask the landlord to provide written grounds for every additional deduction and attach supporting documents. Keep proof that the demand was sent and received: it shows when the dispute arose and the exact amount you requested.
How to File a Monetary Claim and Receive the Money After Judgment
If payment is not made, a monetary claim is filed with the court that has the appropriate jurisdiction; the choice of procedure depends, among other things, on the amount claimed. In the statement of claim, present the facts in sequence, provide the calculation in shekels, and attach the agreement, proof of the security deposit, the handover report, photographs, bills, correspondence, and the demand for payment. The amount and procedure for the court fee are governed by the Court Fees Regulations, 2007, but the material provided does not contain the current rate, so it should be checked before filing. If the landlord does not voluntarily comply with a final judgment, it may be submitted for enforcement under the Execution Law, 1967; section 81 applies this procedure to court judgments and other enforceable documents.
FAQ
How many days may the landlord delay returning the security deposit?
First, check the deadline in the agreement and the conditions for the final accounting. The sources provided contain no rule that would justify stating a single number of days for every case, so you should not automatically regard any period stated by the landlord as permissible.
Can the entire security deposit be withheld because of damage?
The amount withheld should correspond to specific damage and documented expenses. Ask for a list of defects, photographs, an estimate, invoices, and a calculation; the court will compare these materials with the condition of the apartment at move-in and move-out.
What should I do if there is no handover report?
Collect alternative evidence: dated photographs, correspondence about the return of the keys, meter readings, proof of payment, and the landlord’s messages after move-out. The absence of a report makes proof more difficult but does not automatically make a monetary claim impossible.
Can I file a claim immediately without writing to the landlord?
A written demand helps precisely document the amount, the grounds, and the date of refusal or delay. In addition, the landlord may disclose their accounting, after which it will become clear which deductions are actually disputed.
What should I do if there is a court judgment but the landlord still does not pay?
A monetary judgment may be submitted for compulsory enforcement under the Execution Law, 1967. The application will require the enforceable judgment itself and the information necessary to open the proceedings.
What to do next
Retrieve the agreement, document the date on which the keys were returned, and prepare a table showing the security deposit paid, accepted deductions, and the remaining amount demanded in shekels. Then send a written demand with a specific deadline and keep proof of delivery; if the landlord refuses, prepare a monetary claim and check the current procedure and court fee.
Sources
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