When you rent a home or commercial space, the landlord often asks for a security deposit – commonly called a ‘deposit’ in practice. This amount serves as security for the landlord, for example in case rent arrears arise or damage is caused to the property.

Yet the deposit often leads to disputes: May the landlord simply withhold the deposit? How much deposit may be requested? And how do you ensure that you get the deposit back at the end of the tenancy?

The tenancy law lawyers at Arslan Advocaten explain what your rights and obligations are and help with disputes about the deposit.

What is a security deposit (deposit)?

A security deposit is an amount that the tenant pays at the start of the rental agreement.

• Purpose: security for the landlord.

• Refund: at the end of the tenancy, provided there are no rent arrears or damage.

• Amount: usually 1 to 2 months’ rent.

The security deposit is not an extra payment on top of the rent: as a tenant, you are entitled to a refund unless there is a valid reason to withhold (part of) the deposit.

How much deposit can a landlord ask for?

In practice, landlords usually ask 1 or 2 months’ rent as a deposit. In social housing there are limits, but in the private sector there is more freedom. Still, the following applies:

• Excessive security deposit (for example, 6 months’ rent) can be considered unreasonable.

• For students and room rentals the standard is generally lower (1 month).

When may the landlord withhold the deposit?

The landlord may only use the deposit for:

1. Rent arrears.

2. Damage to the property that was caused by the tenant.

3. Service charges or final settlement that are still outstanding.

Not allowed:

• Withholding “just because” or without specification.

• Costs that fall under normal use or wear and tear.

How do you get the deposit back?

• After the final inspection, the deposit should, within a reasonable period (usually 1 to 2 months), be refunded.

• Is the landlord wrongfully withholding the deposit? Then you can reclaim it through a lawyer or the court.

Real-world examples

• Student room: a landlord refused to return the deposit because of a small scratch on the floor. We obtained via the subdistrict court a ruling that this was normal wear and tear and that the deposit had to be returned.

• Private-sector apartment: the deposit was fully withheld due to rent arrears, while the tenant had already (partly) paid. We ensured that only the correct amount was offset.

• Commercial premises: an entrepreneur only received his deposit back after years of dispute. Through the intervention of our lawyers, the deposit was eventually paid out with interest.

Checklist: how to avoid problems with the deposit

• 📷 Take photos at handover and at the end of the tenancy.

• 📑 Ask for a written description of the property at the start of the tenancy.

• 🧹 Hand over the property clean and empty.

• 📄 Ask for a final inspection report and keep it.

• 📞 Contact a lawyer promptly in case of a dispute.

Frequently Asked Questions (FAQ)

1. How quickly must the landlord return my deposit?
Within a reasonable period (usually 1 to 2 months). Waiting longer is only allowed with a good reason, for example a service charge settlement.

2. Is the landlord allowed to use the deposit to pay the last month’s rent?
In principle, no. You must always pay the rent as usual, unless expressly agreed otherwise.

3. Can a landlord ask for an unlimited security deposit?
No, a deposit must be reasonable. A deposit of more than 2 to 3 months’ rent can be unreasonable.

4. What if my landlord refuses to return the deposit?
You can send the landlord a formal written demand. If that doesn’t work, you can reclaim your deposit through the court or with the help of a lawyer.

5. What about deposits for commercial premises?
Higher deposits or bank guarantees are often required there. The rules are less strict than for residential property, but the same applies: unreasonable terms can be challenged.

Why Arslan Advocaten?

• Specialized in tenancy law and disputes over security deposits.

• Years of experience with both tenants and landlords.

• Quick and effective approach to deposit disputes.

• Expert advice and strong representation in court.

Conclusion

The deposit or security deposit is intended as security, but often leads to conflict. Know that, as a tenant, you are entitled to a refund and that the landlord may withhold the deposit only under strict conditions.

Do you have a dispute about the deposit? Contact the tenancy law attorneys of Arslan Advocaten. We make sure you get what you are entitled to.