When the tenancy ends, you naturally want your deposit back as soon as possible. Yet this often leads to disputes. Some landlords return the deposit too late or withhold an amount without a clear reason.

In this blog the tenancy law attorneys of Arslan Advocaten explain what to look out for to get your deposit back without any problems.

When should the deposit be returned?

The deposit must be returned after the tenancy agreement ends, unless there is a valid reason to withhold (part of) the amount.

• Time frame: usually within 1 to 2 months after handover.

• Exception: The landlord may (partially) retain the deposit for the final settlement of service charges or utilities, but must substantiate this.

Conditions for refund

1. The property has been handed over correctly

   • Empty and clean.

   • No damage caused by the tenant.

2. All rent has been paid

   • No outstanding rent payments.

3. Final settlement of service charges

   • Only the actual final settlement may be deducted.

Common problems

• No response from the landlord: the deposit remains “stuck” without explanation.

• Unjustified damage claims: the landlord withholds the deposit due to normal wear and tear.

• Late payment: the deposit is only refunded after many months.

Real-world examples

• Late refund: a landlord held the deposit for more than 6 months without reason. We ensured that the tenant received their deposit plus statutory interest.

• Normal wear and tear vs. damage: a landlord withheld € 800 for repainting. The judge ruled that this fell under normal wear and tear; the deposit was returned.

• Service charge settlement: the landlord withheld € 200 for anticipated service charges. The judge decided this was only allowed after an actual final settlement.

What can you as a tenant do?

1. 📑 Ask for a final inspection report – this prevents disputes.

2. 📷 Take photos when you leave – prove how you left the property.

3. ✉️ Send a written demand if the deposit is not returned on time.

4. ⚖️ Start legal proceedings with the help of a landlord-tenant attorney if the landlord continues to refuse.

Frequently Asked Questions (FAQ)

1. How long can the landlord hold the deposit?
At most a reasonable period, usually 1 to 2 months. Only for service charges can this sometimes be longer.

2. Can I claim interest on my deposit?
Yes, if the deposit is repaid late, you can claim statutory interest.

3. What if my landlord does not repay?
Send a formal notice and, if necessary, start proceedings. With a lawyer, there is a good chance you will get your deposit back.

4. May I set off my last month’s rent against the deposit?
In principle, no, unless this has been expressly agreed in the lease.

Conclusion

The deposit should be repaid at the end of the tenancy. Only in cases of damage, rent arrears, or service charges may the landlord withhold (a part). Is your deposit wrongfully withheld or paid late? Then you can take legal action.

The tenancy law lawyers from Arslan Advocaten help you get your deposit back quickly and in full.