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With temporary letting, the label ‘short stay’, ‘Airbnb’ or ‘temporary contract’ is not enough to determine the deposit rules. First it must be established what type of agreement has been concluded. If in law there is a lease of residential accommodation, then for an agreement from 1 July 2023 onwards a maximum of two months’ basic rent applies, together with the 14/30-day route of Article 7:261b of the Dutch Civil Code.
For hotel-type stays, holiday letting or a platform booking, different contractual and platform terms may apply. There is therefore no responsible, uniform Airbnb deposit amount that fits every situation.
Classify first, then apply the deposit rule
| Situation | First legal question | Deposit route |
|---|---|---|
| Temporary letting of a home as residential accommodation | Has a lease of residential accommodation been concluded? | Article 7:261b of the Dutch Civil Code: maximum and 14/30-day settlement. |
| Short stay with elements of habitation | What follows from duration, use, furnishing, services and actual performance? | Not only the title of the contract but its content and the facts are relevant. |
| Holiday or hotel-type stay | Is this accommodation rather than residential letting? | Check the contract, the booking terms and the applicable rules. |
| Platform booking | Who receives and holds any security? | Check the current platform terms, the payment route and the dispute procedure. |
When do the residential deposit rules apply?
Where there is a lease of residential accommodation, artikel 7:261b BW provides that the deposit may not exceed twice the basic rent. For contracts from before 1 July 2023, Rijksoverheid names a maximum of three months’ basic rent.
Student, expat, furnished or temporary status does not raise the statutory limit. For international lettings, see also deposits in expat rental contracts.
No fixed Airbnb or short-stay amounts
Amounts such as €100, €500 or three months’ rent cannot be presented as a general statutory standard. With a platform booking, terms can change and the payment route may run through the platform. So before paying, check:
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who the contracting party is;
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who receives or reserves the deposit;
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when an amount may be withheld;
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which evidence and complaints procedure applies;
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whether a second security is also requested outside the platform.
The municipality and the owners’ association are a separate matter
Municipal rules on holiday letting, permits or notification duties, and owners’ association rules on the use of an apartment, can determine whether letting is allowed at all. They do not automatically determine what amount may be withheld in an individual deposit settlement. Check the current municipal and association rules separately.
Evidence in furnished or short lettings
Furnished letting often gives rise to disputes about inventory, cleaning or damage. So record:
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an inventory listing quantities and visible condition;
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photographs at the start and at the end, preferably dated;
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agreements on cleaning and handover;
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the handover of keys and access cards;
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proof of payment and the person or organisation holding the amount;
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the full substantiation of any withholding.
A generic cleaning surcharge or damage claim without contractual and factual support is not the same as demonstrable tenant damage.
Repayment in temporary residential lettings
Where Article 7:261b of the Dutch Civil Code applies, the landlord must repay the deposit within 14 days of the end of the tenancy if there is no permitted set-off. Where set-off is permitted, the balance must be paid within 30 days and the landlord must send a full written specification of costs.
Permitted items are rent arrears, service charges, an energy performance fee and demonstrable costs of tenant damage. Ordinary wear and tear and damage caused by poor landlord maintenance may not be set off. See when the landlord may withhold the deposit.
Steps in a dispute
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First determine the type of contract and gather the contract and platform terms.
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Check who holds the deposit and which procedure has been agreed.
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Ask for a full specification with photographs, invoices and evidence of damage.
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If there is a residential lease, test the maximum and the deadlines against Article 7:261b of the Dutch Civil Code.
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Request repayment in writing; for residential accommodation you can, if necessary, use the model letter from the Juridisch Loket use.
The Rent Tribunal does not handle deposit disputes. In residential lettings the municipality and the courts may be relevant depending on the question; for a platform stay the agreed platform procedure may also matter.
Frequently asked questions about deposits in temporary lettings
Does the two-month maximum also apply to temporary residential lettings?
Yes. Where in law there is a lease of residential accommodation and the agreement was concluded on or after 1 July 2023, a maximum of two months’ basic rent applies.
Do the same deposit rules always apply to Airbnb and short stay?
No. It must first be determined whether there is a lease of residential accommodation, a hotel-type stay, a holiday letting or another agreement. Platform and contract terms can differ.
Is there a fixed statutory Airbnb deposit amount?
Not on the basis of the residential-accommodation sources on this page. For a platform or holiday stay, the specific contract and the current platform arrangements must be checked.
When must the deposit be repaid in a temporary residential letting?
Where Article 7:261b of the Dutch Civil Code applies: 14 days if there is no permitted set-off, and 30 days for the balance where set-off is permitted, with a full written specification of costs.
Which documents matter in a furnished temporary letting?
Keep the contract, the inventory, the initial and final inspections, photographs, proof of payment, the key handover and the substantiation of every withholding.
Official sources on residential accommodation
- Artikel 7:261b BW
- Central government: deposits in residential lettings
- Volkshuisvesting Nederland: deposits
Read also
- Rental deposits: an overview guide
- How much deposit may a landlord ask for?
- Getting your deposit back after the tenancy ends
- Tenancy law
Conclusion
With temporary letting, first determine whether in law there is a residential lease, accommodation or a platform agreement. Only then can you safely establish which maximum, which repayment deadline and which dispute route apply.
