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How do I get my security deposit back from the landlord after vacating the flat when he refuses to return it?

A common question prepared by our teamRental & Ejar Disputes 2

Translated from Arabic.

I rented a flat in Riyadh for one year under a lease registered on the Ejar platform, and on signing I paid a security deposit stated in the contract. The term ended, I vacated the flat and handed over the keys, and I paid all the rent and electricity and water bills. For more than a month I have been asking the landlord to return the deposit; sometimes he stalls and sometimes he says he will deduct painting and repair costs from it, even though the flat is in good condition and has only had normal wear and tear. We did not sign a handover report, but I have photos I took on the day I moved out. Is he entitled to make deductions? And what steps are available to recover the amount?

Lawyers' answers (1)

KSA Lawyers editorial team

A general editorial answer prepared by our team

Translated from Arabic.

A security deposit in lease contracts is an amount lodged with the landlord to guarantee that the tenant fulfils his obligations, and it does not become the landlord's property merely by being paid. In principle it is returned in full when the contract ends and the property is handed back, unless it is established that there are amounts due or damage for which the tenant is responsible under the contract.

Under the Civil Transactions Law, the tenant must return the property in the condition in which he received it, and is not liable for deterioration resulting from ordinary use. Deductions for painting or repairs are therefore only acceptable if the damage arose from misuse or negligence, or if there is an express clause in the contract registered on the Ejar platform, and the burden of proving damage usually falls on the landlord who alleges it.

We advise following these steps:

1. Review the contract on the Ejar platform to confirm the registered deposit amount and any clauses relating to deductions or the condition of the property on handover. 2. Gather your evidence: the dated photos from the day you moved out, proof of handing over the keys, receipts for rent and bill payments, and your conversations with the landlord. 3. Send the landlord a clear written demand to return the amount within a reasonable period, and ask him to specify any deduction with supporting documents. 4. You can try settlement through the "Wudi" platform of the Ministry of Justice; any agreement reached is recorded in a settlement report that has enforceable effect. 5. If settlement is not possible, you can file a claim for return of the deposit through the "Najiz" platform before the competent court, attaching the contract and the evidence.

Not having signed a handover report does not forfeit your right, but it makes the dated photos, witnesses and correspondence more important as evidence, and it remains for the court to assess the condition of the property and whether any deduction is justified.

The outcome cannot be predicted with certainty, as it depends on the terms of the contract and the strength of each party's evidence. We therefore recommend consulting a lawyer who specialises in rental disputes to review the contract and documents and determine the most suitable route for your claim.

KSA Lawyers team

Answers are general legal information based on what the asker described. They aren't binding legal advice and don't replace a licensed lawyer who has reviewed the documents.