Why do bail disputes arise so often?

The end of a rental period should ideally be a moment of closure: the keys are returned, the move is complete and the deposit is refunded. In practice, however, this appears to be one of the most conflict-sensitive moments of the entire rental cycle. In 2026, with the full implementation of the Affordable Rent Act and the Good Landlord Act, the rules were tightened, but the discussions at the kitchen table at the final inspection did not become less important.

Withholding the deposit is a source of frustration for many tenants, while landlords see it as their only tool to protect themselves against financial damage. But why does this escalate so often?

The grey area: Wear versus damage

The most common cause of disputes in 2026 remains the interpretation of “normal wear and tear”. The law states that a tenant is not responsible for the deterioration of the home due to regular daily use. However, what some people see as an inevitable scratch on the parquet floor after three years of living, others see as negligence that needs to be professionally repaired.

• Subjectivity: There is no universal measure for “normal”. A landlord who wants to restore the home to absolute new condition for the next tenant (often to maintain the maximum points in the WWS system) will look more critically than a tenant finds reasonable.
• Lack of evidence: Disputes often arise because no detailed inspection report (baseline measurement) with photos was drawn up at the start. Without proof of the condition at check-in, it will be legally almost impossible for a landlord to recover damage in 2026, but that doesn't stop many from trying.

The cleaning standard

Cleaning costs are a classic “bail eater”. Landlords often withhold part of the deposit because the home would not have been delivered “broom-clean” or “professionally cleaned”.

In 2026, we will see that landlords, partly due to the stricter regulations of the Good Landlord Act, will more often try to recover the costs for a specialized cleaning company from the departing tenant. Tenants, on the other hand, often feel that they have fulfilled their duty once the visible dirt has been removed. Because “clean” is a relative term, this almost always leads to disagreements without hard agreements in the rental contract.

Uncertainty about the legal deadlines

Since the legislative changes in recent years, landlords have been bound by strict repayment periods. In 2026, the rule is as follows:

• 14 days: The deposit must be returned within two weeks of the end of the rental if there is no damage or arrears.
• 30 days: If there is damage or if service costs are still outstanding, the landlord has a maximum of 30 days to refund the remaining deposit (after settlement with an specified invoice).

Many disputes arise simply because landlords ignore these deadlines or because they wait for the final bill from the energy supplier. Although the latter seems logical, the landlord may not hold the full deposit hostage for an as yet unknown energy bill in 2026 if the rest of the delivery was in order.

The impact of the Affordable Rent Act (2026)

A new factor in the increase in disputes is the economic pressure on private landlords. Due to the regulation of the middle rent, margins have narrowed for many investors.

In 2026, some landlords are trying to be creative with the deposit to compensate for lost income. This includes charging “administrative costs” for the final inspection or recovering minor maintenance that is legally borne by the landlord. However, tenants have become more vocal and are using the municipal hotline or the Rent Commission more quickly, which increases the chance of a formal dispute.

Poor communication and administration

Often, the crux of the problem is not ill will, but a lack of professional administration.

• No interim inspection: In 2026, “pre-inspection” (two weeks before departure) is essential. If this is skipped, the tenant will only be confronted with defects at the very last key transfer. As a result, the tenant no longer has the chance to carry out repairs himself (which is often cheaper), which leads to a direct deduction from the deposit.
• Settlement without specification: A landlord who simply withholds €500 “for various costs” without showing invoices or an hourly statement will act unlawfully in 2026. The lack of transparency is the quickest route to legal proceedings.

How to prevent deposit disputes

Although legislation in 2026 protects tenants better, prevention remains better than cure. The key lies in the documentation from day one. A deposit should never be used as a general reserve for the landlord; it is specific collateral for damage and arrears.

When both parties understand that the bail is a legally labeled amount and not a negotiating space for the rent, most friction points disappear. Transparency about exactly what is expected upon completion is in the interest of both the tenant who wants his money back and the landlord who wants to rent out a home again without worries.