A security deposit in Luxembourg is now capped at two months of base rent, which on a mid-market city apartment is a serious sum sitting in someone else's hands for the length of your tenancy. Whether it comes back intact is decided almost entirely on the first day, in an exercise most tenants rush because the removal van is double-parked outside. Half an hour spent properly at handover is the best-paid half hour of the whole tenancy.
What the état des lieux is for
The inventory of fixtures is a written record, signed by both parties, of the condition of the property when you take it over. At the end of the tenancy a second inventory is drawn up and the two are compared. Deductions from your deposit can only be justified by differences between them, which is why an entry inventory that says little protects the landlord and an entry inventory that says a great deal protects you.
A document that reads "apartment in good general condition" is not an inventory. It is a formality, and at the end of the tenancy it means every mark on every wall is arguably yours.
How to do it properly, in about thirty minutes
Go room by room and be specific and unemotional. Record what is there and what state it is in.
- Surfaces: every mark, scuff, chip and stain on walls, floors and worktops, with the room and the position noted.
- Windows and shutters: that they open, close, lock and that the shutter mechanism works. Shutters are a recurring source of end-of-tenancy argument in Luxembourg.
- Water: run every tap, flush every toilet, check under sinks for existing damp, look at the seals in the shower.
- Heating: that every radiator heats, even in July. Note the boiler's last service date if it is displayed.
- Appliances in a furnished let: each item listed individually, with make and condition. "Kitchen equipped" is not a list.
- Keys: how many of each, including mailbox, cellar, garage and building entrance.
- Meters: the reading for electricity, gas and water on the day, photographed.
Photograph everything, and photograph the defects twice: once in context, once close up. A close-up of a scratch proves the scratch. A wide shot proves which wall it is on. Digital photographs carry a date, which is the point of them.
Both parties sign, both parties keep a copy, and your copy is stored somewhere you will still find it in three years. Email it to yourself the same evening. If the landlord proposes to complete the inventory later, ask for it to be done now. A document drawn up a fortnight after you moved in is worth much less, because by then some of the marks might be yours.
Wear and tear is not damage
This is the distinction on which most deposit disputes turn. A tenant is not required to return a property in the state it was manufactured in. Ordinary deterioration through normal use over time, what is called vétusté, is the owner's cost, not the tenant's.
Carpet that has thinned in the traffic route after four years is wear. Carpet with a burn in it is damage. Paint that has faded and marked slightly around light switches is wear. A wall repainted in a colour not agreed is damage. A worktop with fine surface scratches is wear. A worktop with a scorch mark is damage.
The practical consequence: a landlord cannot charge a tenant for the full cost of redecoration after a long tenancy, because part of that cost would have arisen anyway. Where repainting is genuinely necessitated by damage, the age of the previous decoration is relevant to what proportion is fairly charged.
The exit inventory
Book it deliberately and treat it with the same care as the entry. Clean the property properly first, including inside the oven and the fridge, because cleaning is the most common and most easily avoided deduction. Return every key you were given.
Bring your entry inventory and your photographs to the appointment, on paper if you can. The conversation is entirely different when the earlier document is in the room. If the landlord notes something you disagree with, say so and have your disagreement recorded on the exit inventory before you sign it. Signing an exit inventory that lists damage you dispute makes the dispute much harder to win afterwards. You may sign with reservations expressed in writing.
Take final meter readings and photograph them again. Provide your forwarding address and bank details in writing, because "we could not reach you" is a common and avoidable delay.
Getting the money back
The deposit is returned after the property has been handed back and any justified deductions have been agreed, and the current framework requires it to be released within a short period after the end of the tenancy rather than held indefinitely. Where charges are settled by annual reconciliation, a landlord may reasonably wish to retain a portion until the settlement is complete. That is legitimate if it is proportionate and agreed, and not if it means holding two months' rent for a year.
If nothing arrives, escalate in order and keep everything in writing.
- A written request to the landlord, by registered letter, with a clear deadline and your bank details.
- The Service des loyers of your commune, which handles rental disputes and costs nothing to approach.
- The justice de paix, which is the competent court for tenancy matters at this scale and is designed to be accessible without heavy representation.
Most deposits that are slow are not being stolen. They are waiting behind a settlement, an unread email or a syndic's calendar. A polite written request with a deadline resolves the majority of cases.
Three questions we are asked at the end of every tenancy
Can I use my deposit as the last two months' rent?
No, and it is a bad idea even where a landlord seems willing. The deposit secures the condition of the property, not the rent. Withholding rent puts you in breach of the lease and hands the landlord an argument you would rather they did not have.
The landlord wants to charge me for repainting the whole apartment. Is that normal?
Charging the whole cost after a multi-year tenancy is usually excessive, because ordinary deterioration is not the tenant's account. Ask for the specific damage to be identified, ask when the property was last decorated, and ask for a quotation rather than a round figure. This is precisely where the entry inventory earns its keep.
Is a professional inventory worth paying for?
On a large or unfurnished property, frequently yes. An independent inventory clerk produces a detailed and dated document that neither party drafted, and the cost is small relative to two months of rent. On a furnished room let for a year, careful photographs and a signed list are normally sufficient.
If you would rather have this handled
Every tenancy we manage begins with a written, photographed inventory signed by both sides and ends with a comparison against it. It removes the argument before it starts. See our available rooms , or ask us anything on WhatsApp . If you are still at the contract stage, start with our guide to the Luxembourg lease, clause by clause . A stronger reading of if you would rather have this handled starts by asking what would change for the resident on an ordinary weekday. Editorial note: This article describes ordinary practice and general principles in Luxembourg residential tenancies. Individual leases and situations differ. For a dispute over a deposit, the Service des loyers of your commune and the justice de paix are the relevant routes, and a qualified adviser should be consulted before formal steps are taken.