A "security deposit" is defined as the amount of money paid by the tenant to the landlord at the beginning of the rental period, usually a multiple of the monthly rent. It is forbidden for the security deposit to be greater than two rents.

Unilateral Retreat of tenant before supplementing the agreed lease, without the express agreement of the lessor, does not release him from his obligations, nor does it justify the Return of guarantee.

"What happens to a rent deposit paid by a tenant if they leave before the end of a two-year tenancy? Does the landlord have to return it?"

In everyday practice, a "security" in a lease is the amount of money given by the lessee to the lessor to ensure the smooth performance of the contractual obligations arising from the lease.

This guarantee is governed, as to its operation and form, by the specific agreements of the parties, within the framework of the freedom of contracts, because it may be agreed to secure the rent or as a guarantee (confirmatory or to cover the damage caused by non-performance of the contract, etc.) or as a penalty clause or as a contractual guarantee.

It is usually, however, given as a guarantee, and in particular it constitutes an advance against any future debt of the lessee that may remain unpaid, in which case the amount of the guarantee will be charged to the lessee. For the specific agreement, we always refer to the terms of the lease contract. 

The amount of the "security deposit" must be returned to the lessee after the contractual or legal expiry of the lease and the fulfilment of all his obligations towards the lessor.

If the tenant's departure is due to reasons relating to the tenant personally and not to the property, and if you as the landlord did not agree to hand over the property, you can keep this amount in your hands.

In the event that his departure is due to reasons related to problems - serious deficiencies of the property, and generally not due to the fault of the lessee, provided that there are no outstanding utility bills or other claims against him/her, the amount must be refunded by signing the relevant receipt. 

What about the remaining rents?

The early departure of the tenant, without the express consent of the landlord, does not justify the return of the deposit. The tenant may even be obliged to pay the remaining rent until the end of the agreed rental period or until the new lease of the property.