# Rental Deposit Not Returned in Luxembourg: Deadlines and Next Steps

The legal clock starts with the return of the keys; Guichet’s procedure places a registered formal notice before the late-payment increase is claimed.

Canonical: [https://chathome.lu/en/insights/rental-deposit-not-returned-luxembourg](https://chathome.lu/en/insights/rental-deposit-not-returned-luxembourg)
Published: 2026-08-10T00:24:19.200Z
Updated: 2026-08-13T10:09:53.810Z

As of 10 August 2026, if the move-out inventory matches the move-in inventory apart from normal wear and tear, and the landlord has no claim for unpaid rent or damage, half of the deposit is due no later than one month after the keys are returned to the landlord or their representative. The balance is settled after the relevant rental-charge statement or the building’s annual accounts. Guichet’s current procedure says that the tenant gives formal notice by registered letter with acknowledgement of receipt when claiming the 10% monthly-rent increase on an overdue outstanding part.

## Key takeaways

- Record the exact date and method by which the keys were returned; that event starts the one-month deadline for the first half in a clean handover.
- If payment is overdue, follow Guichet’s formal-notice procedure and keep the registered-letter receipt and acknowledgement with the claim file.
- Ask for supporting documents for every deduction and distinguish normal wear and tear from tenant-caused damage.
- For an unresolved deposit claim after formal notice, Guichet directs the tenant to the competent Justice of Peace.
- Before accepting a bank guarantee, confirm whether it is first-demand or simple; the proof required before release is fundamentally different.

## The return timetable starts with the keys

As of **10 August 2026**, for a residential lease covered by Luxembourg’s current rules, the deposit may not exceed two months’ rent. If a deposit is required, a signed move-in inventory must be completed no later than the day the tenant takes possession.

At the end of the lease, where the move-out inventory matches the move-in inventory except for normal wear and tear and the landlord has no claim for unpaid rent or damage, repayment happens in two stages:

1. **First half:** no later than one month after the keys are returned to the landlord or their representative, either by hand or by registered letter with acknowledgement of receipt.
2. **Balance:** no later than one month after either the landlord receives the relevant rental-charge statements—which the landlord must request from the services and authorities no later than one month after the lease ends—or the building’s annual accounts are approved at the next general meeting of co-owners.

The key-return date is therefore the critical trigger for the first deadline. Keep dated proof of that handover.

If the inventories differ beyond normal wear and tear, or the landlord has another outstanding claim, the landlord may retain sums still owed or sums the landlord may have to pay for the tenant. Retained sums must be supported with documents within the applicable one-month statutory period. Normal wear and ageing do not justify a deduction.

Official rule: [Guichet.lu — Residential lease agreements](https://guichet.public.lu/en/citoyens/logement/location/contrat-litige/conclure-contrat-bail-location.html).

## How the deadlines fit together

The return is split into two stages **because** the clean part of the deposit can be settled from the handover evidence, while the final service-charge position may not yet be available. The key return therefore starts the first clock. The later charge statement or approved co-owner accounts start the balance clock, so that second date must be documented separately.

Guichet presents the 10% increase with a third procedural step: the tenant gives formal notice by registered letter with acknowledgement of receipt. Its postal receipt and acknowledgement are **therefore** part of the evidence file. If a delay is attributable to the tenant, the increase does not apply. This sequence explains why the key handover, charge records and formal notice should never be collapsed into one date.

## How Guichet describes the 10% increase

As of **10 August 2026**, Guichet states that where the landlord fails to meet the deadline without justification, the tenant gives the landlord or their representative a **formal notice to pay by registered letter with acknowledgement of receipt**.

Once the legal deadline has been missed and that notice has been sent, an amount equal to 10% of the monthly rent is added to the outstanding part of the deposit for every additional month, or part of a month, that payment remains due. The increase does not apply where the delay is attributable to the tenant.

The notice should identify the lease and property, record the key-return date and method, state the amount claimed, request supporting documents for any deduction, provide payment details, and preserve the postal receipt and acknowledgement.

## Where to take an unresolved claim

If the landlord still does not return the amount due after the formal notice, the tenant may start legal proceedings and file a petition with the competent **Justice of Peace (magistrate’s court)**.

Official guidance: [Guichet.lu — Residential lease agreements](https://guichet.public.lu/en/citoyens/logement/location/contrat-litige/conclure-contrat-bail-location.html).

## Five permitted forms of security deposit

As of **10 August 2026**, Luxembourg’s official guidance lists five forms:

1. **Bank guarantee.** There are two distinct versions:
   - **First-demand guarantee:** the amount is blocked in a special account held by the tenant. The landlord may obtain all or part from the bank on demand, without the tenant’s prior consent and without having to justify the demand.
   - **Simple bank guarantee:** the amount is also blocked, but the bank releases the amount claimed only if the landlord proves the tenant’s debt—for example with a court ruling or the tenant’s written acknowledgement.
2. **Bank transfer** to the landlord’s account.
3. **Cash**, but only if the tenant proposes it; the landlord may not impose cash.
4. **State-backed rental-deposit aid**, subject to eligibility and savings obligations.
5. **Security-deposit insurance**, if the landlord agrees. Its indemnification terms may resemble a first-demand guarantee.

The label “bank guarantee” is therefore not enough. Before signing, check whether the instrument is first-demand or simple and read its call conditions.

## State aid has conditions and repayment duties

As of **10 August 2026**, a tenant who lacks the means to finance the requested deposit may apply to the Single point of contact for housing assistance. If all conditions are met, the Ministry of Housing and Spatial Planning stands as guarantor. This is not a grant that erases the tenant’s obligation.

The applicant must be an adult natural person, have a right to stay in Luxembourg for more than three months and be registered in the National Registry of Natural Persons, have regular income for at least three months, fall below the statutory household-income ceiling, and not be an owner, co-owner, usufructuary, emphyteutic leaseholder or holder of a surface right over more than one third of a dwelling in Luxembourg or abroad.

The lease must concern a private-market dwelling in Luxembourg used as the household’s principal and permanent residence. It must not be made available by the applicant’s parents, children or a public body, and the rent must comply with residential-lease law. Rent excluding charges may not exceed 50% of household income, and the requested deposit may not exceed two months’ rent excluding charges.

The beneficiary opens a conditional deposit account with a credit institution that has an agreement with the State and funds it by standing order. The application documentation includes a standing order for 1/36 of the deposit, matching the obligation to save the full amount over three years. The funds remain blocked in favour of the State for the lease and for up to six months after it ends unless the landlord releases the guarantee earlier.

If the landlord calls the guarantee, the State pays the landlord. The bank then transfers the saved funds to the State, and the tenant must reimburse any remaining balance. Before signing a lease, an applicant may request a three-month eligibility certificate stating the maximum rent and deposit amounts based on household income and composition.

Current conditions and forms: [Guichet.lu — State aid to finance a rental deposit](https://guichet.public.lu/en/citoyens/logement/aides/aides-logement/garantie-locative.html) and the [Ministry’s State-guarantee page](https://logement.public.lu/fr/locataire/obtenir-aide-location/garantielocative.html).

## A practical evidence checklist

Keep the lease, proof of the original deposit or guarantee, signed move-in and move-out inventories, dated proof of the key return, final rent and charge records, deduction documents, bank details, and both the postal receipt and acknowledgement for the formal notice. These records do not decide the dispute, but they document the dates and amounts on which the statutory procedure depends.

If you are preparing the next move, [browse current Luxembourg rentals](/en/rent), check the [rent-subsidy eligibility tool](/en/financial-tools/rent-subsidy), and open the wider [financial-tools hub](/en/financial-tools). Those search and budgeting tools do not replace the official deposit-return procedure described above.

## Methodology

This replacement uses only current official Luxembourg government guidance and the coordinated residential-lease statute, accessed 2026-08-10. Each legal, procedural and numeric statement was cross-checked against the official source governing that point. No market estimate, anecdotal cause of non-return or foreign comparison is included.

## Limitations

General information as at 10 August 2026, not individual legal advice. The residential-lease statute has scope exclusions, and the outcome of a claim depends on the lease, inventories, arrears, damage evidence, charge statements and proof of key return. State-aid eligibility is assessed by the administration and depends on current household and income evidence.

## Sources

- Official Luxembourg source accessed 2026-08-10: https://guichet.public.lu/en/citoyens/logement/location/contrat-litige/conclure-contrat-bail-location.html
- Official Luxembourg source accessed 2026-08-10: https://guichet.public.lu/en/citoyens/logement/aides/aides-logement/garantie-locative.html
- Official Luxembourg source accessed 2026-08-10: https://logement.public.lu/fr/locataire/obtenir-aide-location/garantielocative.html
- Official Luxembourg source accessed 2026-08-10: https://logement.public.lu/dam-assets/documents/legislation/lois/bl-loi-modifiee-du-21-09-2006-accessible.pdf

## Frequently asked questions

### Does the one-month deposit deadline start on the move-out inspection date?

No. As of 10 August 2026, for the first half under the clean-handover conditions, the official trigger is the return of the keys to the landlord or their representative, by hand or registered letter with acknowledgement of receipt.

### How does Guichet describe the 10% late-payment increase?

As of 10 August 2026, Guichet states that where the landlord misses the deadline without justification, the tenant gives formal notice by registered letter with acknowledgement of receipt. The increase concerns the outstanding part for each additional month or part month and does not apply where the delay is attributable to the tenant.

### Where can an unresolved deposit claim go after formal notice?

After formal notice, Guichet.lu says the tenant may start legal proceedings by filing a petition with the competent Justice of Peace. The outcome depends on the lease, inventories, payment history and supporting documents.

### Can a landlord call any bank guarantee without proof?

No. A first-demand guarantee can be called without the tenant’s prior consent or justification. Under a simple bank guarantee, the bank releases the claimed amount only when the landlord proves the debt, for example through a court ruling or the tenant’s written acknowledgement.

### Is Luxembourg’s State rental-deposit aid free money?

No. If eligible, the State stands as guarantor while the tenant saves the deposit over three years in a conditional account. If the landlord calls the guarantee, the saved funds go to the State and the tenant must reimburse any remaining balance.

### Can the landlord require the deposit in cash?

No. Cash is a permitted form only when proposed by the tenant; the landlord may not impose it.