Your landlord is not repaying your deposit in full because, in his view, the property is not clean enough or needs to be repainted. Can he simply deduct hundreds of euros for that? A deduction for cleaning or painting must have a legal basis, must be attributable to you and must be properly substantiated. Normal wear and tear and ageing are not automatically at your expense. A mere statement that a new tenant wants a freshly done home is not enough.
Nederlands: Lees dit artikel in het Nederlands: Borg ingehouden voor schoonmaakkosten of schilderwerk
Türkçe: Bu makaleyi Türkçe okuyun: Temizlik veya boya masrafları için depozito kesintisi
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.
A deposit dispute is about more than whether a wall is dirty. What matters is the condition at the start of the tenancy, your obligations when handing the property back, the nature of the use, the opportunity to carry out repairs and the costs actually incurred. In this article you will read how to check those points, which documents to request and how to dispute a deduction in writing.
This explanation concerns the rental of residential accommodation in the Netherlands. Different rules may apply to commercial premises and holiday lets. Would you like immediate help with a specific statement of account? You can have your deposit dispute assessed by Arslan Advocaten.
When cleaning costs may be deducted from the deposit
At the end of the tenancy you must hand the rented home back in a proper condition. Which cleaning that involves depends partly on valid agreements and on the condition in which you received the home. Rubbish left behind, a heavily soiled oven or stubborn grease residue may give rise to a discussion about necessary cleaning. That does not yet mean that every amount claimed is correct.
First check exactly what the landlord is claiming. A complaint about dirt calls for a different assessment than discoloured paint, an old floor or damp problems. Ask for a description, room by room, of what was found, why you are said to be responsible for it and which work was necessary. The words ‘not tidy’ or ‘not clean enough’ provide too little information for that purpose.
Article 7:261b of the Dutch Civil Code (BW) governs the repayment of the deposit and the permitted set-off against it. In the case of damage, the law refers to demonstrably incurred repair costs. The landlord must also give written notice with a complete specification of costs. This scheme was introduced by the Good Landlordship Act (Wet goed verhuurderschap). A general cleaning surcharge applied at every move is therefore not automatically a valid deduction.
Broom-clean and professionally cleaned are different agreements
The term ‘broom-clean’ (bezemschoon) does not come with a universal list of tasks. It usually means an empty home that has been cleaned properly. What that covers in your case must be assessed on the basis of the agreement and the circumstances. Merely sweeping may be insufficient if the kitchen and sanitary facilities are left heavily soiled.
Does the contract state that a professional cleaning company must be hired? Then the validity and interpretation of that clause must also be examined. A clause in the general terms and conditions of a professional landlord may be reviewed under consumer law. The mere fact that you signed does not make every standard cost item unassailable.
Ask whether the landlord points to specific shortcomings or simply demands an invoice. If you cleaned carefully yourself and the photos show a proper handover, that is relevant. Conversely, an invoice from your own cleaner does not prove that all agreed work was actually carried out properly. The actual condition remains decisive.
When painting costs are borne by the tenant
Paint ages. Sunlight, normal use and time can cause discolouration and light marks. The landlord cannot simply pass periodic maintenance on to every departing tenant. That principle is in line with the government’s explanation of wear and tear and the deposit.
The position may be different in the case of serious soiling, smoke damage, major damage or alterations that you must reverse under a valid agreement. Even then, it must be established which work was necessary. One damaged wall does not automatically justify repainting the entire home at your expense.
With coloured walls, the original finish, any consent given and agreements about restoring the original condition all play a role. A dark wall need not stay as it is in every situation; nor is there a general rule that every wall must be painted white again when you leave. Keep any messages in which a colour or alteration was discussed.
New for old: why new paintwork is not always fully recoverable
The starting point for damages is compensation for the loss. It is not automatic reimbursement of every improvement that the landlord has carried out at the same time. If a wall was due for maintenance anyway, that may affect the costs that can reasonably be attributed to your conduct.
Ask how old the paintwork was and why local repair would be insufficient. Also watch out for an invoice that combines painting with new skirting boards or renovation. Have such items broken down separately. For paint, floors and furniture there is no single statutory depreciation percentage that can be applied in every deposit dispute.
Fictitious example: from a deposit of € 1,600, € 850 is withheld for painting three rooms. The final report mentions one damaged wall. The right follow-up question is which work was required because of that damage, how the other rooms relate to it and what condition the paint was already in. This example does not predict an outcome, but shows how you can examine an excessive invoice.
Distinguishing normal wear and tear from damage
Always consider a deduction from two angles: are you liable for the deterioration in question, and is the repair amount claimed appropriate? Article 7:218(1) of the Dutch Civil Code concerns damage caused by a failure attributable to the tenant. Paragraph 2 contains a presumption to the tenant’s detriment (all damage is presumed to have arisen in that way), but with two exceptions: fire damage and, in the case of a built immovable property, damage to the exterior. Exterior paintwork therefore falls outside that presumption.
The handover rule in Article 7:224(2) of the Dutch Civil Code is often decisive in a deposit dispute, and it distinguishes two situations. If a description of the property was drawn up at the start (a check-in report or inspection report), you must return the property in the same condition, with the exception of permitted alterations and additions and whatever has perished or been damaged through age. That exception is the statutory basis for your defence regarding wear and tear and ageing. If no description was drawn up, you are presumed, unless proven otherwise, to have received the property in the condition in which it is at the end of the tenancy. Without a check-in report the landlord bears the risk as to proof; with a check-in report that is reversed. So the first thing to do is to find the check-in inspection.
| Situation | What needs to be examined |
|---|---|
| Discolouration of old paint | Age, normal ageing and previous maintenance |
| Grease and food residue in the kitchen | Initial condition, handover agreements, photos and necessary cleaning |
| Smoke or nicotine stains | Cause, agreements, severity and extent of the repair required |
| Holes or damaged walls | Initial description, nature of the damage, consent and duty to repair |
| Mould or damp patches | Structural defect, maintenance, ventilation and specific cause |
A photo does not automatically show who is liable. Mould, for example, may be linked to a leak, a structural defect or the way the home was used. So do not draw conclusions solely from the colour or size of a stain. Earlier maintenance reports and the landlord’s responses can be important evidence on precisely this point.
The check-in report and the final inspection
A good initial description shows what you accepted at the start. Compare it with the final report and your own photos. If the same damage was already reported at the key handover, refer to that specific message. Simply saying that the home was not perfect back then either is less convincing.
If there is no initial description, Article 7:224(2) of the Dutch Civil Code contains an important evidential presumption: unless proven otherwise, it is assumed that the home was received in the condition it is in at the end. The landlord may provide evidence to the contrary. The absence of a report therefore does not mean that every deduction automatically lapses. Transitional law also applies to tenancy agreements concluded before 1 August 2003.
At the final inspection, make sure the points discussed are recorded accurately. Signing to acknowledge receipt of a report is not the same as admitting liability and costs. Ask for a copy and correct any inaccuracies in writing straight away. For the general assessment rules, also read when the landlord may withhold the deposit.
Must you first be allowed to clean or repair yourself?
A pre-inspection can prevent you from only hearing after you have moved out what the landlord considers to be missing. Well before the last day of the tenancy, ask for a joint inspection and a specific list of items to be repaired. Record what you can still do and when the landlord will inspect again.
Whether a notice of default and a period for repair are required for a particular damages claim depends on the obligation and the circumstances. The rules on default have exceptions. The lack of an opportunity to repair may nonetheless be relevant, for example to the question of which costs can reasonably be recovered from you.
Did the landlord immediately hire an expensive company while you could easily have done the cleaning yourself? Then dispute, with reasons, why those costs should be borne entirely by you. There is no unlimited right to regain access after the tenancy has ended. So make a repair arrangement in advance and in writing.
- Request a pre-inspection: a few weeks before the end date, so that you still have time to act yourself.
- Have each item that needs repairing recorded, and take your own dated photos of the same items.
- Ask in writing whether you may repair it yourself and by what date, and confirm the answer by email.
- Keep receipts and photos of the result if you carry out repairs yourself.
- If the landlord refuses, ask for the reason and have it confirmed: this will later be relevant to the question of whether the amount withheld is reasonable.
- If an amount is withheld, ask for an itemised quotation or invoice showing the work actually carried out and the number of hours. A round sum without a breakdown is difficult to justify.
Keep two questions apart: your liability for the deterioration, and whether the amount claimed is appropriate. Even if you acknowledge the damage, you can dispute the amount, for example because new-for-old was applied to something that was already twelve years old.
Which invoices and specifications you can request
Ask for the full statement of account, not just a total amount. For cleaning, you want to be able to see which rooms were cleaned, on what date, how many hours were spent and what rate was applied. For painting, the surfaces treated, preparation, materials and labour costs are relevant.
An invoice is an important piece of evidence, but on its own it does not prove that you are liable or that all the work was necessary. A quotation usually shows an intended price and does not in itself prove that costs were actually incurred. If the landlord carries out work himself, also ask for a specific account of what was done and how the costs were calculated.
Keep an inadequately substantiated deduction separate from a possible separate claim for damages. You can dispute the set-off without asserting that the landlord can under no circumstances claim damages. That precision prevents a sound substantive response from becoming unnecessarily absolute.
Within what period must the balance of the deposit be repaid
If no valid deduction applies, the starting point is repayment within fourteen days of the end of the tenancy agreement. In the statutory cases of set-off, a period of thirty days applies to the balance. A landlord does not automatically get extra months because he is busy or because the next tenant has not yet reported anything.
Ask for payment of the amount that even the landlord does not dispute. If you also dispute cleaning or painting costs, set that out separately. A partial payment does not have to close the discussion about those items. Read when you can claim the balance after a partial repayment. Check whether a settlement condition is attached to the payment before you agree to anything.
An expected future service charge statement is not necessarily the same as service charges that are already due and unpaid. Ask for an explanation of the specific item on which a deduction is based. More on this can be found under checking service charges. For the general route to reclaiming your deposit, you will find a step-by-step plan and model letter for getting your deposit back.
Disputing a deduction in five steps
- Put the deposit payment, the end date and any repayments received side by side. Calculate what amount is still outstanding.
- List each deduction separately and state whether you accept it, dispute it or first want to see it substantiated.
- Attach evidence, such as check-in photos, the inspection report, maintenance reports and photos from the handover day.
- Ask the landlord in writing for payment and for the missing documents. Keep proof of sending and receipt.
- If the refusal persists, have it assessed whether a formal demand, a settlement or legal proceedings are appropriate.
Send your response to the correct landlord. A property manager can reply on his behalf, but is not automatically the debtor himself. If you are unsure about the correct party, read about reclaiming your deposit from the landlord or letting agent. State the address of the property, the rental period and the manager’s file number, so that there can be no misunderstanding about the agreement concerned.
Model letter for disputed cleaning or painting costs
Use the text below when the repayment is due. Fill in the facts and a specific payment date. If you have already reached a settlement, have that assessed first.
Example: disputing the deduction
Subject: dispute of deduction from the deposit for [address]
Dear [name of landlord],
My tenancy agreement for [address] ended on [date]. I paid a deposit of € [deposit] and have so far received € [received] back. This leaves € [balance] outstanding.
You are withholding € [amount] for [cleaning/painting]. I dispute this item because [specific reason]. In support, I refer to [report, photos or correspondence].
I request a complete written specification of costs and proof of the costs actually incurred. Please also explain why the work was necessary and why it is at my expense.
I request that you transfer the amount of € [amount claimed] to [IBAN] no later than [reasonable specific date]. I would be pleased to receive any amount that you do not dispute yourself without delay. I reserve my claim to the disputed balance and do not grant final discharge.
Yours sincerely,
[name and contact details]
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.
This text is a starting point for your response. Whether additional wording is needed for default, statutory interest, collection costs or interrupting the limitation period must be assessed in light of your specific claim.
If the landlord does not pay
A municipal reporting point can investigate undesirable letting practices, but a report does not automatically result in payment of your deposit. An independent claim for repayment of the deposit is in principle a matter for the subdistrict court judge (kantonrechter). The Rent Tribunal (Huurcommissie) does not decide on that repayment claim.
A lawyer is not mandatory before the subdistrict court judge. That does not alter the fact that legal assistance can be useful where damage is disputed or the evidence is complicated. Take into account court fees, bailiff’s costs and any costs of legal assistance. An order to pay the costs of the proceedings does not automatically cover all your actual costs. Also see the Dutch judiciary’s information on tenancy proceedings.
Arslan Advocaten can review your statement of account, tenancy agreement and supporting documents and discuss with you which next step is appropriate. Submit your dispute about cleaning or painting costs and state the amount withheld and the reason given by the landlord.
Frequently asked questions
May the landlord charge standard cleaning costs?
A fixed amount is not automatically owed. The landlord must have a valid basis and explain why the costs in your situation are at your expense. In the case of set-off against the deposit, statutory requirements for substantiation also apply.
Do I have to have the home professionally cleaned?
That does not follow from a general statutory obligation for every tenant. Your valid contractual agreements and the required handover condition are relevant. A clause requiring professional cleaning may also need to be assessed in terms of interpretation and consumer law.
May discoloured paint be deducted from my deposit?
Discolouration due to normal ageing is not automatically at your expense. Serious soiling or attributable damage may be a different matter. The initial condition, the age of the paint and the cause of the discolouration must be examined.
What if there was no check-in inspection?
Without an initial description, the evidential presumption of Article 7:224(2) of the Dutch Civil Code applies in principle, although evidence to the contrary remains possible. So gather your own photos and messages as well. Transitional law may apply to tenancy agreements concluded before 1 August 2003.
Is a quotation sufficient to withhold the deposit?
A quotation usually only shows what intended work would cost. It does not in itself prove that repair costs were actually incurred. Ask for evidence of execution, a specification and substantiation of the costs, and also assess whether you are liable for the damage.
May the landlord repaint all rooms at my expense?
That requires substantiation. Where damage is limited to one part, it must be explained why wider repairs are needed. Age, maintenance and the possibility of local repair may limit the amount of damages that can be awarded.
Must the landlord first let me carry out repairs?
A pre-inspection and an opportunity to repair can be important. Whether a notice of default is required, and what its absence means, depends on the obligation and the circumstances. There is no unlimited right of access after the tenancy has ended.
Can I reclaim only the disputed part of the deposit?
Yes. You can limit your claim to the items you dispute. Record precisely which costs, if any, you accept, and prevent an agreement on one item from being worded as a final settlement of all claims.
Can Arslan Advocaten help with a small deposit claim?
You can submit your situation to us. The amount of the claim, the evidence, the cost risk and possible other forms of legal assistance determine which approach is appropriate. Ask in advance about the costs of the specific work.
