Increasingly, landlords rent out properties temporarily: through short stay, AirBnB or a temporary lease. A deposit is almost always requested in these types of rentals. But what are the rules? And what should you as a tenant or landlord take into account?

The rental law attorneys of Arslan Advocaten explain.

What is temporary rental?

There are various forms of temporary rental:

• Short stay rental: expats or foreign workers rent a house for a few months.

• AirBnB or vacation rental: short rental of several days or weeks.

• Temporary lease: contract for a certain period, for example 6 or 12 months.

In all cases, a security deposit is usually requested.

How much deposit is typical?

• AirBnB/vacation rental: often a small deposit (for example € 100 – € 500).

• Short stay/expats: often 1 to 2 months rent. Sometimes landlords ask for 3 months, but that is often unreasonable.

• Temporary contracts (residential rental): like regular rent usually 1 to 2 months rent.

A deposit of more than 2 months rent is usually too high, especially with temporary contracts.

When may the deposit be retained?

The deposit can only be withheld for:

1. Rent arrears – also with temporary rent.

2. Damage to the property or furnishings – not being normal wear and tear.

3. Unpaid service costs or utilities.

It is not allowed to deduct for:

• Normal wear and tear (such as a worn floor or small holes in the wall).

• Cleaning costs that are not covered by the agreements.

• “Extra security” without justification.

Common problems with temporary rent

• Too high deposit for expats/short stay: landlords sometimes demand 3 to 6 months deposit.

• No refund after departure: especially with foreign tenants returning to their country.

• Unjustified cleaning costs: deposit is withheld because it would have been “not tidy enough” delivered.

Examples from practice

• Short stay in Rotterdam: an expat had to pay 4 months deposit. The judge ruled that this was unreasonable; the deposit was largely refunded.

• AirBnB rental: a guest lost his deposit of € 250 because the landlord thought the house was not clean. We ensured that the deposit was refunded because the landlord could not prove this.

• Temporary lease: a tenant did not get the deposit back because there was a scratch on the floor. The judge ruled that this was normal wear and tear.

Checklist for temporary renters

• 📑 Read the terms of the deposit in the lease carefully.

• 📷 Always take pictures when entering and leaving the property.

• ✉️ Ask for a detailed overview if the deposit (partially) is retained.

• ⚖️ Engage a lawyer in disputes.

Frequently Asked Questions (FAQ)

1. Can a landlord ask for more deposit for short stay?
Only if there is a good reason for it. More than 2 months rent is often unreasonable.

2. What about deposit at AirBnB?
AirBnB has its own rules. The deposit is often arranged via the platform. Unjustified retention can be challenged via AirBnB or the court.

3. What if my deposit does not come back after leaving for abroad?
You can also start a procedure from abroad with the help of a Dutch lawyer.

4. Does rental law also apply to temporary contracts?
Yes, the deposit rules are the same as with regular lease contracts.

Conclusion

Clear rules for the deposit also apply to temporary rentals – short stay, AirBnB or contracts for a limited period. The deposit must be reasonable (usually 1 to 2 months’ rent) and may only be withheld for rent arrears, damage or service charges.

Is your deposit being unjustly withheld? The rental law attorneys at Arslan Advocaten help you protect your rights and get the deposit back.