Expats renting a house in the Netherlands often have to deal with higher deposits than Dutch renters. Where 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 rental law lawyers from Arslan Advocaten explain what is and is not allowed.
What does the law say about deposit and equal treatment?
The principle of equal treatment applies in the Netherlands: landlords cannot discriminate based on nationality or origin. This means that expats must not be treated worse than Dutch renters.
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Allowed: a deposit of 1 to 2 months rent for all renters.
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Not allowed: forcing expats to pay more deposit solely because of their nationality or residency status.
Why do landlords often ask expats for more deposit?
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Assumed risk: landlords fear that expats are difficult to trace after departure.
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Expats’ ignorance: many expats do not know their rights and accept too high a deposit.
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Competition in the rental market: due to scarcity, expats sign faster, even under unreasonable conditions.
However: a higher deposit simply because someone is an expat can be seen as discrimination and unjustified distinction.
Examples from practice
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Amsterdam landlord: asked Dutch renters 1 month deposit and expats 3 months. The judge ruled that this was unjustified distinction.
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Expats in The Hague: paid 4 months deposit while Dutch people in the same complex only paid 2 months. The deposit was partially reclaimed.
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Short stay contract: an expat was treated unequally compared to a Dutch co-renter. The judge found this to be in conflict with the principle of equality.
What can you do as an expat?
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📑 Ask about the deposit conditions and compare them with other renters.
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📉 Never just pay more than 2 months deposit.
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✉️ Object to unjustified differences.
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⚖️ Engage a lawyer in case of discrimination or too high deposit.
Frequently Asked Questions (FAQ)
1. Can a landlord ask expats for higher deposit than Dutch people?
No, that’s discrimination. The deposit must be reasonable and equal 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 more deposit than Dutch renters?
You can reclaim the excess amount paid.
4. What if the landlord refuses to refund the deposit?
A lawyer can initiate a procedure and also claim statutory interest.
Conclusion
Expats should not be disadvantaged by higher deposits than Dutch renters. If landlords make expats pay more simply because of their status, this can be considered discrimination.
The rental law lawyers from Arslan Advocaten assist expats who are treated unequally and ensure that their rights are protected.