A problem with your landlord? Start here.
Your landlord cannot evict you personally. That requires a decision by a Dutch court.
- Deposit not returned? As a rule it must be settled within two weeks, with a specification.
- As a tenant you have the same protection as anyone else living in the Netherlands.
- Send us your lease and we will tell you what your landlord may and may not do.
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This article explains the rules under Dutch law, which apply to residential property rented in the Netherlands. If you rent a home here, these rules apply to you regardless of your nationality or the language of your contract.
Since 1 July 2023, the security deposit for residential accommodation is regulated by Article 7:261b of the Dutch Civil Code. That article sets a hard maximum, fixed refund deadlines and a duty to specify any deduction. Many older articles, and many landlords, still refer to the situation before that date. They are out of date.
The three rules that matter
| Question | Rule under Article 7:261b DCC |
|---|---|
| How much may the landlord ask? | No more than twice the rent, calculated on the bare rent (excluding service charges and utilities) |
| When must it be refunded? | Within 14 days of the end of the tenancy |
| And if the landlord deducts something? | Within 30 days of the end of the tenancy, the landlord must refund the remainder, and must notify you in writing with a full cost specification |
These rules apply to the private sector as well. There is no "more freedom" for landlords in the liberalised segment when it comes to the deposit: the cap of two months applies to residential accommodation across the board.
The maximum: twice the bare rent
Article 7:261b paragraph 2 states that the deposit amounts to at most twice the rent as referred to in Article 7:237 paragraph 2 DCC. That reference matters: it is the bare rent, so service charges, utilities and any energy performance fee are excluded from the calculation.
Example. Your bare rent is € 1.200 per month and you pay € 150 in service charges, so € 1.350 in total. The maximum deposit is twice € 1.200, which is € 2.400. A landlord asking € 2.700, calculated on the total, is asking too much. A deposit of six months’ rent, which used to be seen occasionally, is simply not permitted.
Contracts signed before 1 July 2023. The statutory cap was introduced by the Good Landlordship Act, which entered into force on that date. For tenancy agreements concluded earlier there was no cap in the Civil Code; in practice a maximum of three months’ bare rent is applied, a limit derived from case law and from the general test of reasonableness, including Article 7:264 DCC on an unreasonable benefit agreed in connection with the conclusion of a tenancy. Check the date on your agreement before you calculate.
This applies to residential accommodation. Article 7:261b DCC does not govern the lease of commercial premises such as shops, restaurants or offices; there the amount of any deposit is in principle a matter of contract, and a bank guarantee is often used instead.
Has an excessive deposit already been paid? You can reclaim the excess. Do so in writing and keep the payment record.
The deadlines: 14 days, or 30 days if there is a deduction
Paragraph 3 of Article 7:261b is precise. The landlord refunds the deposit within fourteen days of the termination of the tenancy agreement. There are only two exceptions, and both extend the period to thirty days, not indefinitely:
- Damage within the meaning of Article 7:218 DCC. The landlord then refunds the remainder of the deposit within thirty days of the end of the tenancy, after setting off the demonstrably incurred costs of repairing that damage.
- Unpaid amounts: rent, service charges or the energy performance fee that you have not yet paid. Again, the remainder must be refunded within thirty days after set-off.
Note the wording "demonstrably incurred costs". An estimate, a round figure or a quotation that was never acted upon does not meet that standard. The landlord has to show what was actually spent.
A phrase such as "the deposit will be refunded within a reasonable period" or "within one to two months after the final inspection" does not reflect the law. If your contract says something like that, the statutory deadlines still prevail.
The specification requirement
Paragraph 4 adds an obligation that tenants often overlook. If the landlord sets off anything against your deposit, he must notify you in writing and provide a full cost specification.
That means, per item: what the damage or arrear is, how the amount was calculated, and what it is based on. "Cleaning and repairs, € 600" is not a specification. An invoice from the cleaning company and a photograph of the condition on handover is.
Received a deduction without any specification? Then request one in writing and state that, until you receive it, you dispute the deduction and expect the full amount to be refunded.
What may and may not be deducted
| May be set off | May not be set off |
|---|---|
| Rent arrears that are actually outstanding | Normal wear and tear from ordinary use |
| Unpaid service charges or energy performance fee | Repairs the landlord is responsible for as owner |
| Damage caused by you, limited to the costs actually incurred | Defects that were already present when you moved in |
| Amounts following from a final settlement that has been specified | Flat-rate "administration" or "handover" charges without a basis in the contract or the law |
Wear and tear is the most common point of dispute. Faded paint, minor scuffing of floors and worn seals are the result of ordinary use. Under Article 7:218 DCC the tenant is liable for damage, but ordinary wear falls outside that. This is exactly why the inspection reports matter.
Protect your position from day one
- Insist on an entry inspection report, signed by both parties, with dated photographs of every room, including existing defects. Without it, disputes at the end become a matter of one word against another.
- Keep the payment record of the deposit and check that the amount does not exceed twice the bare rent.
- Photograph the property again at handover, on the same day, and note the meter readings.
- Ask for a final inspection report and do not sign anything you disagree with. If you sign under protest, write that on the document.
- Give your new address and bank details in writing, so the landlord cannot claim he was unable to refund.
If the deposit is not refunded
- Send a written demand. State the end date of the tenancy, the amount of the deposit, the applicable deadline of 14 or 30 days, and refer to Article 7:261b DCC. Set a clear payment term, for example 14 days, and provide your bank details.
- Request the specification if an amount has been withheld, and dispute the deduction in the meantime.
- Formal notice of default. If payment does not follow, put the landlord formally in default. From that point statutory interest may accrue, and out-of-court collection costs may be claimed if the statutory conditions are met.
- Court proceedings. A claim for the return of a deposit is heard by the subdistrict court (kantonrechter), where you are not required to be represented by a lawyer, although assistance is often useful. If the matter is urgent, interim relief proceedings may be an option.
A sample sentence for your letter: "The tenancy agreement ended on [date]. On [date] I paid a deposit of € [amount]. Under Article 7:261b paragraph 3 of the Dutch Civil Code this amount should have been refunded within fourteen days of the end of the tenancy. To date I have received neither the refund nor a written specification of any set-off as required by paragraph 4. I request that you transfer € [amount] to [IBAN] within fourteen days of the date of this letter."
Related questions
Is your landlord charging agency or mediation fees on top of the deposit? Those are often not permitted. See our article on expats and letting agencies: which fees are prohibited.
If the tenancy has already ended and you are trying to get the money back, see our article on getting your security deposit back at the end of the lease.
Two related articles go into more detail: when a landlord may withhold the deposit and set-off against rent arrears. More extensive coverage of Dutch tenancy law is available in Dutch on our website; use the language switcher at the top of the page.
Would you like your situation reviewed? Contact us and have your tenancy agreement, the deposit payment record and the inspection reports to hand.
Frequently asked questions
How much deposit may a landlord ask for in the Netherlands?
At most twice the rent. Article 7:261b paragraph 2 of the Dutch Civil Code caps the deposit at two times the bare rent, meaning the rent excluding service charges, utilities and any energy performance fee. This applies to residential accommodation in the private sector as well; there is no wider freedom for landlords in the liberalised segment. If your bare rent is € 1,200 and you pay € 150 in service charges, the maximum deposit is € 2,400 and not € 2,700.
When must the deposit be refunded?
Within fourteen days of the end of the tenancy agreement. There are two exceptions, and both extend the period to thirty days rather than leaving it open: where there is damage within the meaning of Article 7:218 DCC, and where rent, service charges or the energy performance fee are still unpaid. In those cases the landlord refunds the remainder within thirty days, after setting off the costs actually and demonstrably incurred. A clause promising a refund ‘within a reasonable period’ does not override these statutory deadlines.
Can the landlord deduct money without telling me what for?
No. Article 7:261b paragraph 4 requires the landlord to notify you in writing of any set-off and to provide a full cost specification. That means stating, per item, what the damage or arrear consists of, how the amount was calculated and what it is based on. A single line such as ‘cleaning and repairs, € 600’ does not satisfy this requirement. If you receive a deduction without a specification, request one in writing and state that you dispute the deduction until it is provided.
Can normal wear and tear be deducted from my deposit?
No. Under Article 7:218 DCC a tenant is liable for damage, but ordinary wear and tear resulting from normal use falls outside that. Faded paint, light scuffing of floors and worn seals are typically wear and tear rather than damage. This is why a signed entry inspection report with dated photographs is so valuable: it establishes the condition of the property when you moved in, and makes it far harder to attribute pre-existing or ordinary wear to you at the end.
Can administration fees be deducted from the deposit?
Not as a flat charge. Article 7:261b paragraph 3 of the Dutch Civil Code allows set-off only for damage within the meaning of Article 7:218 DCC, limited to the costs actually and demonstrably incurred, and for unpaid rent, service charges or the energy performance fee. Standing charges such as ‘administration’, ‘handover’ or ‘inspection’ fees have no basis in that provision and cannot be set off unless the tenancy agreement provides a valid ground for them. In addition, paragraph 4 requires the landlord to notify you in writing of any set-off and to provide a full cost specification, so a single unexplained line item does not meet the standard either.
