Many apartment owners in Kazakhstan require a deposit when renting out housing — usually equal to one month's rent. For landlords, this sum essentially serves as insurance: if temporary tenants damage property, break something, or suddenly move out without paying for their stay, the damage is covered by the deposit. At the same time, the apartment owner has the right to withhold the deposit if the tenant has violated the terms of the contract, for example by damaging property. However, if there are no violations, the money must be returned, according to infohub.kz.
It is important to understand: a deposit in itself is not a mandatory condition. Both parties to the transaction agree on its presence voluntarily. A tenant may ask to change the deposit amount or even propose an option without additional payment. However, owners usually insist on a deposit, so the "right to refuse" may not work — the apartment will be rented to a more agreeable tenant.
As the Krisha portal notes, the parties agree on the deposit amount and the conditions for its return. To avoid disputes upon move-out, they must be specified in the rental contract in advance.
A landlord may not return the deposit if there are legal grounds for doing so. For example, if the tenant has violated the terms of the contract:
— moved out early: for example, rented the apartment for a year but decided to move out after three months. The deposit can be withheld if this is provided for in the contract;
— left debts: did not pay rent or utilities. This amount can be deducted from the deposit;
— damaged property: for example, broke a TV or burned a sofa. The owner may withhold money to compensate for damage but must prove the tenant's fault.
If there is no damage or debt and the tenant has fulfilled their obligations, the landlord must return the money.
How to formalize a deposit when renting:
— specify the conditions in the contract: state the deposit amount and the conditions for its return. It is also possible to provide for it to be credited toward the last month's rent;
— record the condition of the apartment: draw up an acceptance-transfer act with a list of property and defects. Additionally, take photographs;
— confirm the transfer of money: when transferring, indicate the purpose of payment as "deposit for apartment rental." If paying in cash, issue a receipt.
If the landlord refuses to return the money without legal grounds, a written claim demanding the return of the sum must be sent to them. If the dispute cannot be resolved, one can go to court.
We also reported on the risks for Kazakhstanis of illegal rental housing and whether one can lose an apartment due to a tenant's registration in Kazakhstan.