Expats who rent a home in the Netherlands almost always have to deal with a security deposit (deposit). Unfortunately, it often happens that expats pay too much deposit or do not get their deposit back (in full). Because expats often depend on temporary rentals and are not well acquainted with Dutch legislation, they are extra vulnerable.

The tenancy law attorneys from Arslan Advocaten explain what expats should take into account and how they can protect their rights.

How much deposit may landlords charge expats?

In the Netherlands, there is no fixed maximum for the deposit, but the deposit must be reasonable are.

• Normal: 1 to 2 months’ rent.

• Expats: often 3 or even 6 months deposit is requested, sometimes unjustly.

• A deposit of more than 2 months is usually excessive and can be challenged.

Why expats are often disadvantaged

1. Ignorance of Dutch rules – expats often don’t know that a deposit of 1 or 2 months is customary.

2. Reliance on quick housing – many expats accept a high deposit to get a home quickly.

3. Language barrier – contracts are often drawn up only in Dutch.

4. Long distance after departure – landlords count on expats not initiating proceedings after they have left the Netherlands.

When may the landlord withhold the deposit?

As with other tenants, the deposit may only be withheld for:

• Rent arrears.

• Damage to the home (not normal wear and tear).

• Outstanding service charges or utilities.

Unjustified includes, among other things:

• Deduction for normal wear and tear (for example, signs of use).

• Deduction for fictitious costs without invoices.

• The refusing to refund as soon as the expat has left.

Examples from practice

• Too high a deposit for an expat: an expat in Amsterdam had to pay a 4-month deposit. The judge ruled that this was unreasonable and the landlord had to refund a large part.

• Unjustified damage claim: an expat did not get his deposit back because the landlord thought that the walls had to be repainted. This turned out to be normal wear and tear; the deposit was reclaimed.

• Unreturned deposit after departure: an expat returned to his home country and never heard from the landlord again. With our help, he still received his deposit plus interest.

Checklist for expats when renting in the Netherlands

• 📑 Check that the deposit is a maximum of 2 months’ rent.

• 📄 Ask for an English rental contract or have it translated.

• 📷 Take photos at move-in and at move-out.

• ✉️ Ask for a final inspection report.

• ⚖️ Hire a lawyer if the deposit is wrongfully withheld.

Frequently asked questions (FAQ)

1. Can a landlord ask expats for a higher deposit than Dutch nationals?
No, discrimination based on nationality is prohibited. The deposit must be reasonable for everyone.

2. What if I have already left the Netherlands and do not get my deposit back?
You can also start proceedings from abroad with the help of a Dutch lawyer.

3. Can I reclaim my deposit if the landlord does not respond?
Yes, via a demand letter and – if necessary – a court proceeding.

4. How can I prevent problems with the deposit?
Record everything in writing, take photos, and have contracts reviewed before you sign.

Conclusion

Expats face extra risk with excessive deposits and unjustified deductions. Fortunately, Dutch tenancy law offers protection. Are you, as an expat, being disadvantaged? The tenancy law attorneys of Arslan Advocaten help you get your deposit back and protect your rights.