At the end of the tenancy, you must return the property in accordance with the applicable agreements and statutory rules. The check-in report, normal wear and tear and permitted alterations are important in this respect. The landlord cannot, without substantiation, recover the cost of every renewal from you as repair costs.
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A good handover starts before your last moving day. With a pre-inspection and clear agreements, you can prevent disputes arising after the keys have been handed over about cleaning, drill holes or fixtures left behind.
Compare the initial condition with the final condition
Look for the inspection report from the start of the tenancy, photos and correspondence about existing damage. These documents show what you received. Normal wear and tear and ageing must be distinguished from damage for which you are responsible.
If there is no check-in report, the statutory rule of evidence in Article 7:224 of the Dutch Civil Code (BW) may be relevant. That does not mean you may simply leave the property damaged or full of belongings. For older agreements, the date on which the tenancy began may also be relevant to the precise assessment.
Ask for a pre-inspection
Schedule a pre-inspection well before the end date. Ask the landlord to write down specifically which work he considers necessary and why it is at your expense. This gives you the opportunity to organise any repairs that are justifiably required yourself.
A list saying only “property not approved” is of little use. Ask what needs to be done in each room. Also discuss any work you disagree with. Do not sign a report as if you accept every point if you only want to confirm that you were present at the inspection; record your comments clearly.
Paintwork, holes and fixtures you installed yourself
Whether you must repair paintwork or remove fixtures depends on the condition, the agreements and any consent given. A landlord cannot require you to hand over every component as new solely because a new tenant is moving in.
If the next tenant is interested in a floor or a cupboard, arrange the takeover in writing and involve the landlord where necessary. An agreement with the next occupant does not automatically release you from your obligations towards the landlord. State which items will remain and who will become responsible for them.
Final inspection and handing over the keys
On the last day, take overview photos of every room and detailed photos of any disputed items. Record the meter readings and ask for signed proof that the keys have been handed over. Keep the final report together with the notice of termination and any agreements about the end date.
Make sure it is clear how many keys have been returned and which items, if any, are staying. An oral “that’s fine” is harder to prove than a specific report. The Juridisch Loket (the Dutch legal advice desk) explains how to hand over a rented home.
Repair costs and repayment of the deposit
If deductions are made, ask for a breakdown showing the alleged damage, its cause and the costs. An invoice or quotation is relevant, but does not in itself prove that you are legally responsible. Also consider the age of the item and the difference between repair and improvement.
The rules on repaying the deposit include time limits and items that may be deducted. The government describes these in the rules on good landlordship. Keep your proof of payment of the deposit and ask for a final statement in good time.
Start a few weeks before the last day of the tenancy
Look up the notice of termination, the confirmed end date, the check-in report and any agreements about fixtures you installed yourself. Then schedule a pre-inspection at a time when there is still room for any repairs that can reasonably be required. An inspection on the morning of the key handover leaves little opportunity to resolve a justified point of concern yourself.
Ask which rooms, outdoor space, storage room and keys are included in the handover. Note what you rented and which parts were added later. An administrative address alone does not always tell you the extent of the rented property. Draw up a schedule for cleaning, removal and inspection and keep written confirmations of any agreements.
A check-in report must say something about the condition
A useful check-in report states more than just that the tenant has received a key. Photos and specific comments can show which damage and fixtures were already present. Read the report together with the correspondence from the first period of the tenancy. Existing damage that was reported immediately may be relevant even if it does not appear on the standard form.
If there is no adequate description, the statutory rule of evidence on the initial condition may be relevant. Have that rule applied to your specific contract and facts; for older agreements, transitional law may play a role. The absence of a report is not an invitation to cause new damage or to leave your belongings behind. It mainly affects how a disputed initial condition is assessed.
Distinguishing wear and tear, damage and improvement
Normal signs of use and ageing are something different from damage for which you are responsible. A floor that has worn through years of normal use calls for a different assessment than new, deep damage. Even where damage is attributable to you, the question is whether repair is possible and which costs are reasonable; full replacement with a new and better component does not follow automatically.
When a claim is made, ask about the age, the previous condition and the necessity of the chosen repair. A quotation shows what a contractor charges, but does not in itself show that you are legally obliged to pay for the whole job. Compare the alleged damage with your check-in and check-out photos. This allows a substantive discussion about cause and extent instead of only about the final amount.
A pre-inspection report with workable agreements
Have it recorded for each room what the landlord believes needs to be done. If in doubt, ask about the basis for this and how the work should be carried out. “Hand over clean” can be useful as a general agreement, but a disputed repair item calls for more precision. Note whether you agree with the item and which work you will carry out.
Do not sign without comments if the report also contains an admission of liability or fixed repair costs that you do not agree with. Make clear whether your signature only confirms your presence. If necessary, send your objections in writing immediately after the inspection. A careful report helps both parties check what still needs to be done before the final inspection.
Properly recording a takeover by the next tenant
A next tenant may want to take over a floor, curtains or a cupboard. Record which items are being taken over, in what condition and for what price. Involve the landlord when consent or a change to your handover obligation is required. A private agreement with your successor does not automatically release you from a contractual obligation to remove items.
Ask what happens if the next tenancy does not go ahead after all. Without a clear arrangement, you may still be left with belongings shortly before the end date. Keep the signed agreement and the landlord’s confirmation. Take photos of the items taken over, so that it is clear later which parts were deliberately left in place and which may have been left behind unintentionally.
Meter readings and keys belong in the final file
Photograph the meter readings with recognisable meter numbers and note the date and time. In addition, follow the arrangements with your supplier; a photo alone does not automatically end an energy contract. Keep the confirmation of the end date of supply or of your move. For shared facilities, a different billing method may apply, which you should check separately.
When handing over the keys, have the number of keys and access devices recorded. Also think of tags, parking remotes and keys to storage rooms or letterboxes. Ask for an acknowledgement of receipt and a copy of the final report. If the landlord does not turn up, record your attempts and the handover you offered, and seek advice on how to complete the handover in a way you can prove. Do not leave keys in an unverifiable place without an agreement.
Repayment of the deposit and disputed deductions
After the end of the tenancy, ask for an itemised final statement. The national rules provide for repayment, as a rule, within fourteen days, with a period of thirty days where permitted items are deducted and substantiated. Check whether these rules apply to your agreement and what the precise conditions are via the rules on good landlordship.
A deduction must be linked to a permitted and substantiated item. Ask for the cause, amount and evidence for each item. Distinguish between your objection to liability and your objection to the amount. A deduction that is partly justified does not necessarily mean that the entire deposit can be withheld without a further statement of account.
Example of a response to a repair invoice
A response might read: “You are deducting [amount] for [item]. According to the enclosed check-in report, [condition] was already present. At the final inspection on [date], [agreement] was recorded. I would like an explanation of my alleged responsibility, the necessity of the work and the itemised costs. I request that you repay the undisputed part of the deposit.”
This is a sample text that you must adapt to your case. Do not enclose all your moving documents unsorted; select evidence for each disputed point. For a practical explanation, you can also consult the Juridisch Loket’s information on handing over a property. If a substantive dispute remains, have the agreement and both inspection reports assessed together.
Frequently asked questions about handing over a rental property
Does the property always have to be completely white
That does not follow automatically from the law. The initial condition, agreements, alterations and the reasonableness of the work required must all be considered.
May the landlord deduct normal wear and tear
Normal wear and tear must be distinguished from damage attributable to you. Ask for specific substantiation of every deduction.
What if there was no pre-inspection
That may be relevant when repair costs are assessed. It does not automatically mean that every claim lapses.
Can I set off the last month’s rent against the deposit
Do not assume so without having it assessed. The deposit does not automatically replace the ongoing rent payment.
Can I refuse to sign an incorrect inspection report
Record clearly which points you disagree with and ask for your comments to be included. A signature can mean more than just being present. You do not have to accept liability for disputed damage without reservation. Keep your own photos and written response.
Do I have to pay for professional cleaning
That does not follow automatically from every handover. The agreements, the actual condition and the reasonableness of the work required are what matter. Ask which shortcomings are alleged and which costs relate to them. A standard cleaning charge without explanation does not in itself answer those questions.
What if the landlord will not schedule a final inspection
Ask for an appointment in writing and offer specific times. Record the final condition carefully yourself and make sure the key handover can be proven. The absence of an inspection does not mean that you no longer have any obligations, but it may be relevant to evidence and later repair claims.
Can I dispute repair costs after returning the keys
Yes, handing over the keys does not in itself mean that you accept every later repair invoice. Ask for details of the alleged damage, the costs and the substantiation and compare these with your inspection reports and photos. Respond specifically to the disputed items. Do check whether you have already signed a settlement or admission that is relevant to the dispute.
Help with a handover dispute
Have you received a large repair bill after moving out? Submit the check-in and check-out reports, photos and the final statement to Arslan Advocaten before you agree to the deduction.
