Paying a deposit is not mandatory by law, but, if requested by the landlord, it cannot exceed 3 monthly rents.
Tips for safeguarding your deposit
It is highly advisable to take pictures of the flat before signing the agreement and draft a written report (inventory) with all the pieces of furniture and household appliances you found in the apartment.
Tips that can help you to get your deposit back without facing any issue:
- check carefully your tenancy agreement before leaving the apartment: e.g. it says that you should clean the carpets, or dust the shelves before leaving the flat? Then do it;
- fix any caused damage;
- make it sure nothing is missing, if so, replace it;
- take new pics of the apartment to have a proof of the condition you left it;
- if in your tenancy contract is stated that you should professionally clean the apartment, then keep the invoices of the service.
What is the Amount for a Security Deposit?
and where to put it?
The amount of the deposit is subject to the legal interests that the landlord should pay it to the tenant at the end of the renting period.
As a matter of fact, the deposit should be put inside a bank account. The deposit is to cover any damages or any missing thing.
The landlord can instead ask to do a «Fideiussione» (a bank guarantee or insurance guarantee) for the deposit: this kind of guarantee has a cost for the tenant, which is of course given back when the contract expires, and it gives the landlord the possibility to keep the deposit not only for damaged/missing items but also in the case the student decides to leave before the expiration date.
What to do in the event of disagreement
Only if there are damages or missing items, the landlord will be able to withhold from the security deposit received from the tenant upon execution of the agreement an amount equal to the expense necessary to pay for the repair, to purchase any missing items or, in the case of an ornament, equal to its assessed value. Failing an agreement on these aspects, the parties may contact a lawyer or trade associations.
Generally, in the event of disagreement between the parties on issues related to the termination of the lease or respective debts or credits, it will always be possible to contact a lawyer or trade associations which protect owners and tenants, to start a discussion or mediation, which may end in court if the negotiation or mediation are not successful.