Expats who rent a home in the Netherlands often have to deal with higher security deposits than Dutch tenants. While Dutch people usually pay 1 or 2 months’ deposit, expats are sometimes asked for 3 or even 6 months. This raises the question: is this allowed or is it a form of discrimination?
The tenancy law attorneys of Arslan Advocaten explain what is and isn’t allowed.
What does the law say about security deposits and equal treatment?
In the Netherlands the principle of equal treatment: landlords may not discriminate on the basis of nationality or origin. That means that expats may not be treated worse than Dutch tenants.
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Allowed: a deposit of 1 to 2 months’ rent for all tenants.
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Not allowed: requiring expats to pay a higher deposit solely due to their nationality or residency status.
Why do landlords often ask expats for a higher deposit?
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Perceived risk: landlords fear that expats are difficult to trace after departure.
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Lack of awareness among expats: many expats do not know their rights and accept excessively high deposits.
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Competition in the rental market: due to scarcity, expats sign more quickly, even under unreasonable terms.
But: a higher deposit solely because someone is an expat can be seen as discrimination and unjustified unequal treatment.
Examples from practice
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Amsterdam landlord: asked Dutch tenants for 1 month deposit and expats for 3 months. The judge ruled that this was unjustified unequal treatment.
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Expats in The Hague: paid 4 months’ deposit while Dutch tenants in the same complex paid only 2 months’ deposit. Part of the deposit was recovered.
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Short stay contract: an expat was treated unequally compared to a Dutch fellow tenant. The judge found this to be contrary to the principle of equality.
What can you do as an expat?
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📑 Ask about the deposit terms and compare them with other tenants.
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📉 Never just pay more than 2 months’ deposit.
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✉️ File an objection against unjustified differences.
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⚖️ Consult a lawyer in cases of discrimination or an excessively high deposit.
Frequently Asked Questions (FAQ)
1. Is a landlord allowed to charge expats a higher deposit than Dutch nationals?
No, that is discrimination. The deposit must be reasonable and the same for everyone.
2. How much deposit is normal in the Netherlands?
1 or 2 months’ rent. Anything above that is often excessive.
3. What can I do if I have paid a higher deposit than Dutch tenants?
You can reclaim the overpaid amount.
4. What if the landlord refuses to return the deposit?
A lawyer can initiate proceedings and also claim statutory interest.
Conclusion
Expats may not be disadvantaged by higher deposits than Dutch tenants. If landlords make expats pay more solely because of their status, this can be considered discrimination.
The tenancy law lawyers of Arslan Advocaten help expats who are treated unfairly and ensure that their rights are protected.
