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.
"We cashed the cheque / called the guarantee, that is what it was there for"
high likelihoodThe landlord deposits the security cheque or calls the bank guarantee without warning, then treats the money as gone.
What answers it
Section 25י allows the security to be realised only on defined grounds — unpaid rent, failure to repair defects the tenant is responsible for, unpaid ongoing charges, or failure to vacate at the end of the term — and requires the landlord to give reasonable advance notice of the intention to realise it and a reasonable opportunity to put right whatever needs putting right. Realising it without that notice is a breach of the section in itself, and it is the first thing to say.
חוק השכירות והשאילה, תשל"א-1971, s. 25י — s. 25י — aggregate security may not exceed the LOWER of the rent for one third of the lease term and three months’ rent; grounds and procedure for realising it
"You agreed to give three cheques and a guarantee"
high likelihoodThe landlord points at a lease requiring several forms of security at once and says the tenant consented.
What answers it
Section 25י caps the AGGREGATE of every security taken, not each one separately, and the cap is mandatory — a written agreement does not raise it. Add up the security cheque, the bank guarantee, the deposit and anything else given, and compare the total with the lower of one third of the lease-term rent and three months’ rent.
חוק השכירות והשאילה, תשל"א-1971, s. 25י — s. 25י — aggregate security may not exceed the LOWER of the rent for one third of the lease term and three months’ rent; grounds and procedure for realising it
"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.