Your Deposit Covers the Wear and Tear — I Am Keeping It
Understanding your right to a full deposit refund under rental housing law
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The Situation
What They Said
“Your deposit covers the wear and tear — I am keeping it.”
A tenant vacated a property after two years of tenancy, leaving it in good condition. The landlord refused to return the deposit, claiming it was kept to cover 'wear and tear' from normal use of the property. The tenant had receipts showing regular rental payments and had done no visible damage.
The Fallacy
Deposit as Compensation for Normal Use
A deposit is held as security against damage caused by the tenant, not as payment for the normal deterioration that happens to any property over time. Wear and tear — such as minor paint fading, carpet compression from furniture, or small nail holes — is the landlord's cost of doing business. A landlord cannot legally deduct for wear and tear from a deposit.
What the Law Says
Your Legal Foundation
Código Civil y Comercial de la Nación
art. 1219 del Código Civil y Comercial de la Nación — Deposit return obligation
“Article 1219. Termination attributable to the lessee. The lessor may terminate the contract: a) for change of purpose or irregular use in the terms of the...”
This article addresses termination by the lessor for the lessee's fault, not deposit retention for wear and tear. Since the tenant left the property in good condition and the landlord's claim is based on normal wear and tear, the landlord cannot use this provision to justify keeping the deposit.
What Scripture Says
God's Word on This
Leviticus 19:13 (NET)
“You must not oppress your neighbor or commit robbery against him. You must not withhold the wages of the hired worker overnight until morning.”
Withholding what is lawfully owed — whether wages or a deposit — is treated in Scripture as oppression. A landlord who keeps your deposit without lawful cause is taking what is not theirs.
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You Know the Law — But Do You Know What to Say?
Reading your rights is one thing. Using them under pressure — calmly, correctly, in the right words — is what actually protects you. Members get the scripted rebuttal for this exact situation: what to say first, what to say if they push back, the tone to use, and the constitutional provision to cite. Practise out loud with audio until it's automatic.