Of your € 2,000 deposit, you only get € 1,200 back. The landlord writes that the rest is being withheld, or calls the payment a ‘final settlement’. Can you still claim the missing € 800? A partial repayment does not in itself mean that you waive the balance. That may be different if you have accepted a settlement, granted final discharge or otherwise made a binding agreement on how the matter is to be settled.
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Written by Ömür Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for tenancy law and social security law. Last updated: 17 September 2026.
You therefore need to answer two questions separately. Does the landlord have a valid reason for the deduction? And did you later agree to an arrangement that changes your original claim? A payment, a short reply on WhatsApp and a signed settlement agreement can have very different legal meanings.
This article concerns the deposit for residential accommodation in the Netherlands. You will read how to calculate the balance, how to word a reservation of rights and how to respond to a settlement proposal. Would you like to have your correspondence assessed first? Arslan Advocaten helps with disputes about a deposit that has not been repaid.
Partial payment or a final arrangement
With an ordinary partial payment, the landlord pays part of what is owed in advance. The discussion about the remaining amount can continue. The mere fact that you leave the money transferred in your account does not automatically prove that you agree with every deduction.
A settlement has a different purpose. The parties then agree how they will bring an uncertainty or dispute to an end. For example, you might accept a lower amount in exchange for prompt payment and the dropping of disputed counterclaims. Such an agreement may limit your further options, even if you later think you could have obtained more without it.
The label the landlord uses is not the only decisive factor. ‘Final statement’ may be a unilateral overview. ‘Agreed at € 500 and then we have no further claims against each other’ may point to a settlement. The entire communication and the conduct of both parties must be considered.
What final discharge means for the deposit
Final discharge usually means that the parties agree that they have no further claims against each other in respect of certain matters. Its scope depends on the wording and the circumstances. An agreement concerning only a cleaning item may be narrower than an arrangement covering all rights and obligations under the tenancy agreement.
Check whether the discharge is unilateral or mutual. It makes a difference whether only you give up your deposit claim, or whether the landlord also waives further damages claims. Also check when the discharge takes effect: on signing, on receipt of payment or after full performance of all arrangements.
A settlement agreement (vaststellingsovereenkomst) may be intended precisely to bring an existing legal uncertainty to a definitive end. Article 7:900 of the Dutch Civil Code (BW) provides the statutory basis for this. See the statutory text on the settlement agreement. The principle that tenants enjoy protection does not mean that every later settlement is non-binding.
Can an agreement via WhatsApp be binding?
An agreement does not always have to be signed on paper. A sufficiently clear offer and an acceptance can also be apparent from email or WhatsApp. Whether a message such as ‘fine’, ‘agreed’ or ‘thanks’ amounts to acceptance depends on the question it responds to and on the rest of the conversation.
There is a specific deposit case in which that difference became visible. In District Court of Zeeland-West-Brabant, 16 July 2025, ECLI:NL:RBZWB:2025:4734, € 1,000 was still in dispute after an initial repayment. The parties then agreed via WhatsApp that the tenant would receive a further € 500 and would not have to do anything else. The court ultimately awarded € 500.
The lesson from that judgment is that agreements made after the end of the tenancy can affect the size of the claim. It does not prove that every short WhatsApp message amounts to a waiver of rights. Keep the entire conversation, including the preceding proposal. A single isolated screenshot may give a different impression than the whole exchange.
What to do with a payment described as a final settlement
A landlord cannot, by means of a unilateral payment description, simply determine that you give up all remaining rights. Do respond quickly and clearly if the description does not match what was agreed. This reduces the risk of a later discussion about your consent.
Write that you regard the amount as a partial payment of your deposit claim and that you continue to dispute the deductions mentioned. State how much, according to your calculation, you are still owed. A businesslike message about specific amounts is clearer than simply writing that you ‘do not agree’.
Was it expressly offered in advance to pay only if you closed the matter definitively? Then have the offer and your response assessed together. A reservation added afterwards does not automatically undo an agreement that has already been concluded. In the case of a payment made subject to an express condition, it may be necessary first to obtain clarity about receipt, retention or possible repayment of the money.
Calculate what amount is still outstanding
Start with the deposit actually paid and deduct any repayments received. Then assess which deductions you accept. List disputed items separately in the overview. Only include any interest and costs as separate components once it is clear that there is a legal basis for them.
| Item of a fictitious statement | Amount |
|---|---|
| Deposit paid | € 2,000 |
| Already repaid | − € 1,200 |
| Not yet repaid | € 800 |
| Repair item accepted by the tenant | − € 150 |
| Principal sum still claimed | € 650 |
In this example, the further discussion concerns € 650. When accepting the € 150, state precisely which item it relates to. Avoid a broadly worded agreement that also covers other deductions or claims not yet known. Moreover, a calculation is no substitute for checking any settlement that may have been concluded earlier.
Which deductions you can dispute on the merits
In the case of damage, it must be examined whether you are liable and whether the amount is substantiated. Ask for the check-in description, the final inspection, photos and a specification of the repair costs actually incurred. Normal ageing and maintenance are not automatically damage for which the tenant pays. For common disputes, there is a separate explanation about a deposit withheld for cleaning or painting.
Rent arrears, unpaid service charges or an energy performance fee that is owed may also be relevant to the statutory set-off scheme. A round sum for ‘administration’, a future renovation or a still unclear reserve requires its own legal justification. For this, read which costs may be deducted from the deposit.
If a specification is missing, request it and dispute the insufficiently substantiated deduction. In doing so, distinguish between the requirements for set-off against the deposit and the possible existence of a separate claim for damages. Saying without investigation that no claim whatsoever is possible any longer may go too far.
May the landlord hold on to your deposit for service charges
The announcement that the annual statement is still to come does not automatically give the landlord the right to hold on to your entire deposit indefinitely. A distinction must be made between amounts that are already owed and unpaid and a reserve for an outcome that is not yet known. So ask which period, cost item and calculation the deduction is based on.
The deposit statement and the annual service charge statement are each governed by their own rules. In principle, the deposit must be repaid within fourteen days after the end of the tenancy. Where set-off is permitted, including for service charges that are owed and unpaid, thirty days applies to the balance. A later annual statement does not simply extend those periods indefinitely.
Ask for a specific calculation
Ask which advance payments you made, which costs are actually attributed to you and which apportionment key was used. Check whether your departure date and meter readings have been processed. A final statement covering an entire calendar year may not, without explanation, disregard the fact that you only rented for part of that year.
Under Article 7:259 of the Dutch Civil Code, the annual service charge statement must be provided no later than six months after the end of the calendar year. You can ask to inspect the books and other documents on which the statement is based. For the assessment of items and the correct route, we refer you to checking service charges.
Distinguish between a debt and a reserve
| Situation | What you request |
|---|---|
| An agreed advance payment has not been paid | The instalment concerned and your payment overview |
| There is an annual statement with an additional payment | Cost documents, apportionment key and advance payments already made |
| The landlord expects additional costs later | A specific legal basis for holding on to the deposit |
| Part is accepted and part is disputed | Separate payment of the undisputed balance and an explanation for each disputed item |
A service charge claim that is later validly established does not necessarily disappear because the deposit has already been repaid. Repayment of the deposit and assessment of a later statement can therefore exist side by side. Avoid an agreement in which you unintentionally accept every future cost item in advance.
An example of the statement
Fictitious example: the deposit amounts to € 1,600. The landlord repays € 900 and holds on to € 700 because the energy bill has not yet come in. No damage has been claimed and you paid all advance payments. Ask why exactly € 700 is being reserved, which amounts would already be due and what statutory basis the deduction has.
Asking for payment does not mean that you have to reject every future statement. You can state in writing that any later service charge claim will be assessed on the basis of a complete specification. This makes it clear that the discussion about the deposit is not being used to deny a genuine debt.
Model response to an unclear reserve
Subject: remaining deposit and announced service charges for [address]
You are holding on to € [amount] of my deposit pending a service charge statement. I would like to receive the specific basis for this deduction, the period concerned and a calculation including the advance payments I have made.
The tenancy ended on [date]. According to my records, the agreed advance payments have been made. I request that you repay the deposit amount still owed no later than [reasonable specific date]. I will assess any service charge statement provided later on the basis of the arrangements, the underlying documents and the applicable rules. By this message I do not accept any additional payment that has not yet been specified.
Adapt the example if you did miss an advance payment or have already received a specific statement. In that case, state which part you accept and which part you dispute, with reasons.
Pay attention to the route and your earlier arrangements
Depending on the tenancy regime, the contract date and statutory jurisdiction, a dispute about the obligation to pay service charges may belong before the Rent Tribunal (Huurcommissie) or the court. The Rent Tribunal does not decide on an independent claim for repayment of the deposit. If necessary, have both parts of the dispute assessed together.
If you have already granted final discharge or accepted a fixed settlement amount, the content of that agreement must be examined first. A new letter with a reservation does not automatically change an earlier binding agreement. So include all proposals and responses if you want to have your remaining deposit assessed.
Legal basis
Article 7:259 and Article 7:261b of the Dutch Civil Code and the government’s explanation of the deposit.
Time limits after a partial repayment
The statutory main rule is repayment of the deposit within fourteen days of the end of the tenancy agreement. If there is a statutory ground for set-off, a period of thirty days applies to repayment of the balance. These periods are also stated in the Dutch government’s information on the deposit.
A partial payment does not automatically restart that original period. If, according to his own statement, the landlord is entitled to € 200, that does not in itself justify him continuing to hold on to the remaining € 1,800. Ask for payment of the undisputed part and deal with the disputed items separately.
If you make a payment arrangement or conclude a settlement with new payment dates, those arrangements must also be taken into account. Record whether the arrangement merely spreads the payment or also changes the amount of the debt. That difference matters if the landlord subsequently misses an instalment.
Wording a reservation of rights clearly
A useful reservation refers to the payment, the claim that still exists and the points you do not agree with. This makes clear what you mean. The wording must, however, match the actual course of the negotiations.
Example: response to a partial payment
I confirm receipt of € [amount] on [date]. I regard this as a partial payment of my claim for repayment of the deposit for [address]. I do not agree with the deduction of € [amount] for [items] and do not grant final discharge in that respect. According to my calculation, € [amount] remains outstanding.
Fill in the details between brackets and, before sending, check who is legally your landlord and whether the repayment is already due. Keep the proof of sending.
Do not use this text as a way of unilaterally changing a settlement that has already been accepted. If you previously expressly agreed to a final amount, send the complete file for assessment. Nor is ‘under protest’ or ‘with all rights reserved’ a magic formula that sets aside every earlier agreement.
Assessing a settlement proposal before you agree
Settling can be practical where the evidence is uncertain or the costs of continuing to litigate are high in relation to the difference. So assess the net outcome: what amount will you receive, when, what costs will you still incur and which claims are the parties waiving?
Check whether the arrangement concerns only the deposit or also rent, service charges, damage and other disputes. If an annual statement is still to come, it is important that the text makes clear what will happen with it. Otherwise, a broad closing sentence may settle more than you intend.
With an arrangement in instalments, record what happens if payment is not made on time. The original, higher claim does not automatically revive in every situation. Interest, collection costs and the moment at which final discharge takes effect also deserve attention. A clear arrangement prevents a settlement from giving rise to a new dispute.
If you have already given your agreement
Forward the agreement, all proposals and your responses for legal assessment. It must be examined whether agreement was actually reached, what the parties could reasonably understand and which claims fall under the arrangement. A signature is strong evidence, but an agreement can also exist without a signature.
In certain circumstances, reliance on, for example, mistake, threat or undue influence (abuse of circumstances) may be an option. Each has its own conditions. Mere regret, a lack of money or the fact that the deal turns out to be unfavourable in hindsight does not automatically make a settlement voidable. With a settlement agreement, it is also relevant that it may be intended precisely to end uncertainty.
Do not wait unnecessarily to seek advice if you think something went wrong. Depending on the legal basis, different time limits may apply. In the meantime, do not make any new commitments that increase the lack of clarity and do not delete messages that seem unfavourable; the full context is needed.
Model letter to claim the remaining amount
The letter below suits a balance claim that is due and where there is no binding arrangement that conflicts with it. Fill in the amounts, disputed items and a reasonable, specific payment date.
Subject: balance of deposit for [address]
Dear [name of landlord],
For the rental of [address], I paid a deposit of € [deposit]. The tenancy ended on [date]. On [date] I received € [partial payment]. This means that € [balance] has still not been repaid.
Of your deductions, I accept only € [amount] for [specific item], if applicable. I dispute € [amount] for [items] because [reasons with reference to evidence]. My remaining claim therefore amounts to € [principal sum claimed].
I have not agreed to a final settlement of these disputed items. I regard the payment received as a partial payment. I request that you pay the principal sum claimed to [IBAN] no later than [date].
If you believe that we have made a different binding agreement, please send me the complete proposal and the response which, in your view, shows my acceptance. I reserve my claims to the balance and to interest and costs insofar as owed.
Yours sincerely,
[name and contact details]
Only write that you have not given your agreement if that is factually correct. A model letter must fit your file. A legal adviser can assess which additional requirements apply for default, costs or a valid act interrupting the limitation period. Also check whether you should approach the landlord or the letting agent.
Interest, limitation and possible proceedings
Statutory interest may be owed on an amount paid late if the conditions are met. The start date depends, among other things, on when the amount became due and on default. Do not calculate interest on the entire original deposit without checking, where part has already been paid.
A contractual claim for payment is in principle time-barred five years from the day after it became due, but the specific claim and events may make a difference. A written reminder or notice with an unequivocal reservation of rights may, under certain conditions, interrupt the limitation period. Do not rely solely on occasional telephone calls or on the assumption that a partial payment safeguards all rights indefinitely.
If payment is still not made, a tenancy claim can be brought before the subdistrict court judge (kantonrechter). Representation by a lawyer is not mandatory there. Do take into account court fees, bailiff’s costs and possibly an order to pay the costs of the proceedings. The Dutch judiciary’s procedural information describes the usual route. The Rent Tribunal does not decide on the independent repayment of your deposit.
Having your statement and correspondence assessed
For a targeted assessment, the main documents needed are the tenancy agreement, proof of the deposit payment, the final statement and the entire conversation about any arrangement. State what amount you received, what is still disputed and whether you signed anything or accepted anything by message.
Arslan Advocaten can assess whether your claim to the balance still exists, which deductions can be disputed and which next step is appropriate. Have your partially repaid deposit assessed. Would you prefer to draw up an overview yourself first? Then also use the general step-by-step plan for getting your deposit back.
Frequently asked questions
Can I claim the balance if I have received part of the deposit?
Yes, if that balance is owed and you have not given up your claim through a binding agreement. An ordinary partial payment does not automatically close the claim for the balance. Do check the correspondence for any conditions.
Does ‘final settlement’ on the bank transfer mean that I agree?
That unilateral description does not automatically constitute your consent. Respond in writing if you continue to dispute the deductions. If a conditional settlement proposal had already been made earlier, the payment must be assessed in that context.
Is an agreement by WhatsApp legally valid?
An agreement by WhatsApp can be binding; there are no formal requirements. What is decisive is whether the messages show that you accepted an offer, and what exactly it covered. See the section above on agreeing via WhatsApp for the points on which this is assessed, and bear in mind that agreeing to a partial payment is something other than agreeing to final discharge.
Can I still reclaim more of my deposit after granting final discharge?
That depends on the scope and validity of the agreement. A binding arrangement may limit your further claim. Dissatisfaction in hindsight alone is usually insufficient to go back on it.
Does the phrase ‘with all rights reserved’ always help?
A clear and timely reservation can prevent misunderstandings. It does not automatically undo a settlement concluded earlier. Moreover, state specifically which payment and remaining claim you mean.
Do I have to pay back a partial payment to preserve my rights?
That is not necessary with every ordinary partial payment. In the case of a payment expressly linked to a final settlement, the situation must first be assessed. Retaining or repaying the money may then form part of the legal settlement.
Does the landlord get another thirty days after each partial payment?
No, a partial payment does not automatically extend the original statutory repayment period. A payment arrangement agreed later may, however, contain its own payment dates. Check exactly what was agreed.
What if the landlord does not pay an agreed settlement amount?
Then the arrangement must be examined in terms of performance, default and the consequences of non-payment. The original, higher claim does not always revive automatically. So also have the arrangements on forfeiture and final discharge assessed.
Is it worth litigating over a small balance?
That depends on the evidence, your legal position, the costs and the chances of obtaining payment. A targeted letter of demand or a limited arrangement may sometimes be appropriate. Discuss in advance which result makes economic sense and which costs you will bear yourself.
