Each of these is a refusal this regime lets a counterparty attempt, paired with the answer to it. Reading them before you write is worth more than any amount of polish on the letter itself.
"There was no savings account, so there is no yield to pay you"
high likelihoodThe landlord admits the caução was never placed in a caderneta de poupança and concludes that no earnings exist and none are owed.
What answers it
Article 38 § 2º required the landlord to deposit the money in a caderneta de poupança precisely so that it would earn for you. A landlord who did not do it cannot profit from their own omission: the yield the account would have produced is still owed, because the duty was theirs. Ask for the caução to be returned corrected by the poupança index for the whole period it was held.
Lei nº 8.245/1991, art. 38 § 2º — art. 38 § 2º (caução em dinheiro: máximo de três meses de aluguel, depósito em caderneta de poupança, vantagens revertendo ao locatário)
"We have always held deposits ourselves"
high likelihoodThe landlord confirms the deposit sat in their own account, or in the agent’s, and treats that as normal practice rather than a breach.
What answers it
Where the statute says the money must be held somewhere specific — a blocked account in your name, a separate interest-bearing account, a savings book, a public deposit body — holding it anywhere else is a breach in its own right, not a matter of custom. It also means the interest the statute gives you was never earned, which the landlord must make good. Ask for the account details and the interest calculation in the same letter as the refund demand.
"We are still working out the costs"
high likelihoodThe landlord holds the whole deposit indefinitely while quotes, invoices or utility bills are said to be pending.
What answers it
The statutory return period exists precisely so the landlord can obtain quotes and final bills inside it. It does not restart because they left it late, and it does not licence holding the whole deposit against one unquantified item. Ask them to return everything not genuinely in issue now, and to quantify the rest by a stated date.
"The property needed cleaning and redecorating"
high likelihoodThe landlord charges for cleaning, carpet wear, scuffed paint or tired fittings and treats the deposit as a refurbishment fund.
What answers it
Fair wear and tear from ordinary use is not a recoverable loss in any of the regimes this product covers — a deduction must reflect damage or a breach beyond ordinary use, must be evidenced, and must be reduced for the age and remaining life of the item. Ask for the invoice, the check-in and check-out evidence, and the calculation.
"Prove you did not cause it"
high likelihoodThe landlord asserts damage and expects the tenant to disprove it, often without a check-in inventory.
What answers it
It is the party seeking to keep the money who must justify keeping it. Where there is no dated check-in record to compare against, an adjudicator has nothing to measure the alleged damage from, and the deduction generally fails on that ground alone.
"You gave a caução AND a fiador, both stand"
medium likelihoodThe landlord took a cash caução and also required a fiador or a seguro-fiança, and now relies on both.
What answers it
The sole paragraph of art. 37 permits only ONE of the listed guarantee modalities per lease — caução, fiança, seguro de fiança locatícia or cessão fiduciária de quotas de fundo de investimento. Requiring more than one is an infringement under the Lei do Inquilinato, and the surplus guarantee has no lawful basis. If you were made to provide two, say so in your first letter: it changes the landlord’s posture faster than any argument about cleaning.
Lei nº 8.245/1991, art. 37 — art. 37 e parágrafo único (modalidades de garantia; vedação de mais de uma)