Security deposit: how much it can be and when it is returned

Updated 05.10.2026.

A security deposit (drošības nauda) is a sum the tenant pays when signing the tenancy agreement. It secures that the tenant will meet the agreement: pay the rent and the bills and hand the flat back in good order. The rules are in Dzīvojamo telpu īres likums (Residential Tenancy Law), article 12.

How much it can be

No more than two months' rent (article 12, paragraph 1). If the rent is 350 euros, the deposit can be up to 700 euros.

The limit applies to the deposit. Many landlords also ask for the first month in advance, and some for the last month as well. The first month's payment is rent, not a deposit. If the agreement asks for "the last month in advance" on top of the deposit, the total can come to three or four months' money at once. Before you sign, add up what you have to pay on the day you move in, and make sure the agreement states which sum is the deposit.

When it is returned

If the deposit has not been used, it is returned no later than the day the flat is vacated, unless the agreement says otherwise (article 12, paragraph 4). The agreement can set a different deadline, for example returning part straight away and the rest once the last heating or water bill has arrived. Read this clause before you sign.

What can be deducted from it

The law names debts under the agreement: if, when the agreement ends, the tenant owes any payments provided for in the agreement, the debt is paid from the deposit, and the landlord informs the tenant of this without delay (article 12, paragraph 2). This can be unpaid rent, the building management fee (apsaimniekošanas maksa) or utility bills, if the agreement says the tenant pays them.

The agreement can also allow the landlord to use the deposit to cover late payments during the tenancy, with the tenant topping it up afterwards (article 12, paragraph 3).

Damage. The tenant must treat the flat with care and must not damage it (Residential Tenancy Law, article 17, paragraph 1, point 5). Under Civillikums (Civil Law), the parties are liable for losses caused by their intent or negligence (article 2128). If the flat has been used properly, the tenant is not liable for normal wear and tear (Civil Law, article 2150). A worn floor by the door or faded wallpaper after a few years is normal wear and tear. A broken window, a burnt kitchen worktop or a door chewed by a dog is not.

The law does not say directly whether the cost of damage can simply be deducted from the deposit. The deposit serves to secure the obligations under the agreement (article 12, paragraph 1). Read what your agreement says about damage and the deposit. If the parties cannot agree on the amount, a court decides the dispute.

How to protect your deposit

Handover report (pieņemšanas un nodošanas akts). The law allows one to be drawn up when the agreement is signed and when it ends (article 8, paragraph 4). Record the condition of each room, existing damage, furniture and appliances, and meter readings. You both sign it.
Photos and video on the day you move in, with the date. Send them to the landlord by email so there is proof they are from that day.
Pay by bank transfer and write "drošības nauda" (security deposit) in the payment reference.
On the day you move out, walk through the flat together again, compare it with the first report and sign a second one.

If the deposit is not returned

First ask in writing (by email or letter) for the sum to be returned, citing the clause of the agreement and article 12 of the law, and set a deadline. If the landlord refuses or does not reply, the remaining step is to bring a claim in court to recover the deposit (LV portāls, 27.12.2023). If the principal debt does not exceed 3,000 euros, the court can hear the case under the simplified procedure (Civilprocesa likums (Civil Procedure Law), article 250.¹⁹), and if no hearing is called, the case is examined in written proceedings (article 250.²⁵). The state fee depends on the amount: up to 1,000 euros it is 80 euros, from 1,001 to 1,500 euros it is 150 euros (Civil Procedure Law, annex 3).

Patērētāju tiesību aizsardzības likums (Consumer Rights Protection Law) applies to services provided in the course of a business or profession (article 1). The law does not say directly whether a private person who lets their own flat is such a service provider. In any case, a dispute about a deposit is decided by a court.