Increasingly, landlords rent out homes temporarily: via short stay, AirBnB or a temporary rental contract.
Even with these forms of rental, a deposit is almost always required. But what are the rules? And what should you, as a tenant or landlord, take into account?The tenancy law attorneys of Arslan Advocaten
explain it.
What is temporary rental?
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There are different forms of temporary rental:Short-stay rental:
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expats or foreign employees rent a home for a few months.Airbnb or vacation rental:
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short-term rental for a few days or weeks.Temporary rental agreement:
fixed-term contract, for example 6 or 12 months.In all cases, a is usually security deposit (deposit)
requested.
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How much deposit is customary?AirBnB/vacation rentals:
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often a small deposit (for example € 100 – € 500).Short stay/expats:
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often 1 to 2 months’ rent. Sometimes landlords ask for 3 months, but that is often unreasonable.Temporary contracts (residential rental):
just like regular rentals, 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 withheld?
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The deposit may only be withheld for:Rent arrears
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– also for temporary rentals.Damage to the home or furnishings
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– not including normal wear and tear.Unpaid service charges
or utilities.
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Withholding is not permitted for:
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Normal wear and tear (such as a worn floor or small holes in the wall).
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Cleaning costs that are not covered by the agreements.
“Extra security” without justification.
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Common problems with temporary rentalsExcessive deposit for expats/short stay:
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landlords sometimes demand 3 to 6 months’ deposit.No refund after departure:
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especially with foreign tenants who return to their home country.Unjustified cleaning costs:
deposit is withheld because it was supposedly “not clean enough” upon handover.
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Real-world examplesShort stay in Rotterdam: an expat had to pay a 4-month deposit
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. The judge ruled that this was unreasonable; the deposit was largely refunded.AirBnB rental:
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a guest lost his € 250 deposit because the landlord thought the property was not clean. We made sure the deposit was refunded because the landlord could not prove this.Temporary rental contract:
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.
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Checklist for temporary tenants
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📑 Read the deposit terms in the rental contract carefully.
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📷 Always take photos when moving in and when leaving the property.
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✉️ Request an itemized statement if the deposit is (partially) withheld.
⚖️ Consult a lawyer in case of disputes.
Frequently Asked Questions (FAQ)
1. Is a landlord allowed to ask for a higher deposit for short stay?
Only if there is a good reason. More than 2 months’ rent is often unreasonable.
2. How does the deposit work with AirBnB?
AirBnB has its own rules. The deposit is often handled through the platform. Unjustified withholding can be contested via AirBnB or through the courts.
3. What if my deposit isn’t returned after moving abroad?
You can also start legal proceedings from abroad with the help of a Dutch lawyer.
4. Does tenancy law also apply to temporary contracts?
Yes, the deposit rules are the same as for regular rental agreements.
Conclusion
Even with temporary rentals – short stay, AirBnB or fixed-term contracts – clear rules apply to the deposit. 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 withheld unfairly? The tenancy law attorneys at Arslan Advocaten
Legal Protections and Considerations for Deposits in Temporary Rentals
In the Netherlands, tenancy law provides certain protections for tenants regarding deposits, even in temporary rental arrangements. While temporary rentals such as short stay or AirBnB are often considered outside the scope of the standard Dutch rental laws, longer temporary contracts (typically over six months) may fall under the Dutch Housing Act (huurcommissie). This means tenants have rights concerning the amount and handling of the deposit.
Deposit Limits and Return Procedures
Under Dutch law, it is customary and recommended that deposits do not exceed two months’ rent. This rule is designed to protect tenants from excessive upfront costs. Landlords should place the deposit in a separate account or clearly document it to avoid disputes. After the rental period ends, the landlord must return the deposit promptly, usually within 14 to 30 days, unless there are legitimate reasons to withhold part or all of it.
Common reasons for withholding part of the deposit include:
- Unpaid rent or outstanding bills
- Damages beyond normal wear and tear
- Cleaning costs if the property is left excessively dirty
Documenting the Property Condition
To prevent conflicts over deposit returns, both landlords and tenants should conduct a thorough inspection before and after the rental period. Documenting the property’s condition with photos or a written checklist can provide clear evidence and help settle disputes amicably.
Special Considerations for Short-Term Rentals like AirBnB
For rentals via platforms like AirBnB, the deposit rules are often less formalized, but tenants should still be cautious. Always clarify the deposit amount, conditions for withholding, and the refund timeline before booking. Many platforms offer their own protection schemes, but these may not cover all scenarios. Therefore, understanding the host’s terms and maintaining communication is essential.
Practical Advice for Landlords and Tenants
- Landlords: Clearly outline deposit terms in the rental agreement and adhere to legal limits to avoid disputes.
- Tenants: Request a written rental agreement specifying the deposit amount, conditions for deductions, and refund process.
- Both parties: Keep records of all communications and payments related to the deposit.
When to Seek Legal Advice
If you experience disagreements about deposit withholding, unclear contract terms, or suspect unlawful practices, it is advisable to consult with tenancy law experts. The nuances of Dutch tenancy law, especially regarding temporary rentals, can be complex and vary based on contract length and rental type.
At Arslan & Arslan Advocaten, our experienced tenancy law attorneys specialize in navigating these issues. Whether you are a landlord or tenant, we can help you understand your rights, draft clear agreements, and resolve disputes efficiently.
Contact us today to protect your interests in temporary rental arrangements and ensure your deposit matters are handled correctly.
Frequently Asked Questions
How much deposit can landlords typically request for a temporary rental?
For short stays or expats, deposits usually range from 1 to 2 months’ rent, while Airbnb rentals often require a smaller deposit of €100 to €500. Deposits exceeding 2 months’ rent are generally considered unreasonable, especially for temporary contracts.
Under what circumstances can a landlord legally withhold a tenant’s deposit?
A landlord can only withhold the deposit for unpaid rent, damages beyond normal wear and tear, or unpaid utility and service charges. Withholding for cleaning costs not covered in the agreement or for unwarranted ‘extra security’ is not permitted.
What are common problems tenants face with deposits in temporary rentals?
Tenants often face demands for excessive deposits, such as 3 to 6 months’ rent, or wrongful withholding of deposits after departure, especially with foreign tenants. Unjustified charges for cleaning or minor damages are also frequent issues.
What should I do as a tenant to protect my deposit during a temporary rental?
Always read the deposit terms carefully, take photos when moving in and out, and request an itemized statement if part of your deposit is withheld. Consulting a lawyer can help resolve disputes effectively.