You have ended the tenancy, handed in the keys and still have not had your deposit back. The letting agent refers you to the owner, while the owner says you need to contact the letting office. For repayment, you should in principle approach the landlord named in your tenancy agreement. A letting agent or property manager who merely acts on behalf of that landlord is not automatically obliged to repay the deposit himself. Who is legally responsible depends on the agreement, on representation and on any later changes.
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Written by Ömür Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for tenancy law and social security law. Last updated: 17 September 2026.
That distinction matters. A letter to the wrong party can cause delay. Proceedings against a company that has no obligation to pay can lead to the claim being dismissed and an order to pay costs. At the same time, a landlord is not necessarily released from his obligations because the money was paid into his property manager’s account.
Below you will read how to find the correct party, what to do if you receive contradictory answers and which documents you need. This explanation concerns deposits for the rental of residential accommodation in the Netherlands. For help with your specific situation, you can submit your deposit dispute to Arslan Advocaten.
Who is named as landlord in the tenancy agreement
Start with the complete tenancy agreement, including signatures, annexes and general terms and conditions. Look for the name next to ‘landlord’ and check whether it is an individual, a company or another organisation. A logo at the top of the document may belong to the letting agent, while someone else is named as landlord further down.
Also look out for words such as ‘on behalf of’, ‘represented by’, ‘property manager’ and ‘authorised representative’. They may indicate that the person who signed the contract acted for someone else. The meaning must be derived from the entire agreement and the communication at the time it was concluded. Looking only at one box on the first page is sometimes insufficient.
Moreover, a trade name is not always the legal name of the business. If a company is involved, compare the contract details with the Trade Register. This prevents you from pursuing a brand name, a former business or another company within the same group. Keep the information that is available at the time of your check.
The difference between landlord, letting agent and property manager
The landlord gives you the use of the home under the tenancy agreement. A letting agent may be involved in viewings, selection and concluding the contract. A property manager may handle payments, maintenance, inspections and correspondence during the tenancy. One company can fulfil several roles, but legally those roles do not automatically coincide.
| Role | What that party can do | Significance for repayment |
|---|---|---|
| Landlord | Let the home in its own name | In principle the party to approach for the contractual deposit claim |
| Letting agent | Act as intermediary and contract on behalf of a principal | Does not become the deposit debtor through intermediation alone |
| Property manager | Collect rent and handle practical settlement | May make the payment on behalf of the landlord |
| Sublandlord | Rent the property itself and sublet it to you | May be your contractual landlord |
| Holder of the deposit | Hold money under a separate arrangement | Examine the specific arrangements on management and payment |
Article 3:66 of the Dutch Civil Code (BW) provides that a legal act performed by an authorised representative within the scope of his authority in the name of the principal in principle binds that principal. The statutory text on representation explains why a signature by the letting agent does not automatically mean that the letting agent is your landlord.
The owner of the home is not always your landlord
The owner and the landlord are often the same party, but that need not be the case. In a sublet, your agreement may have been concluded with a head tenant. Other structures may also result in someone who is not the owner nevertheless acting as your landlord. Ownership information from the Land Registry (Kadaster) therefore does not answer every contractual question.
Have you written only to the owner, while another party let the property to you in its own name? Then check whether your claim really lies against the owner. Conversely, a letting office that presents itself on its website as the point of contact may in the contract be merely a representative.
So put three pieces of information side by side: who concluded the agreement, to whom you had to pay under the arrangements, and whether the landlord’s position changed later. A copy of the ownership information can be additional evidence, but does not replace this analysis.
You paid the deposit into the letting agent’s account
Payment to a letting agent does not automatically make that agent the party that ultimately owes the deposit. If the landlord instructed you to pay into that account, or the agent was authorised to receive the payment, that payment may have effect as against the landlord.
Keep the payment request, account number, account name, payment reference and your bank statement. Was the payment address stated in the tenancy agreement, or did the instruction come from the usual point of contact designated by the landlord? Such details help establish in what capacity the money was received. If you paid in cash and there is no receipt, read how to substantiate receipt of a cash deposit.
If the landlord says that the letting agent never passed the amount on, that does not yet answer your claim. An internal problem between principal and property manager is not simply the tenant’s responsibility. It must first be examined whether you validly paid in accordance with the instructions you received. In the case of a wrong account number, fraud or receipt without authority, a different assessment may be needed.
When you can hold the letting agent itself liable
An independent claim against the letting agent may be possible if the agent is itself the landlord, has separately undertaken to make repayment, or manages the deposit under its own agreement. The precise wording and circumstances are important here. ‘We will sort it out’ may mean something different from an unambiguous obligation of its own to pay.
In addition, the agent’s own unlawful conduct or a failure to perform its own agreement may give rise to liability. For that, the relevant conditions must be proven, including the relevant fault, the loss and the link between the two. Dissatisfaction with availability or a slow response is not in itself proof that the letting agent must reimburse your entire deposit.
So do not only ask whether the letting agent was involved, but on what specific legal basis a claim against it rests. Recourse against the letting agent cannot simply be used as a substitute because the landlord is difficult to reach or has few assets.
If the deposit is held in a third-party account or separate escrow
Sometimes it has been agreed that a third party will hold the deposit. In that case, request the escrow or custody agreement. It may state who may request payment, which conditions apply and how a dispute is dealt with. A separate account name alone does not prove that the funds are legally segregated and guaranteed to be protected.
Also check whether the third party merely executes payments or has an obligation of its own towards you. Otherwise you may be referred to an arrangement that does not belong to your agreement. Keep confirmations of receipt and any information about the party in whose name the escrow is held.
If the letting office goes bankrupt or closes, this distinction can have major consequences. In that case, have it assessed specifically with whom a claim must be lodged and whether a claim against the landlord still exists. Do not assume without investigation that the deposit has been lost, or on the contrary that it is fully protected.
What to do if the property manager changed during the tenancy
A change of property manager does not automatically change who your landlord is. Find the letter or email in which the new property manager was announced. It may contain new contact and payment details. Also keep the old correspondence; it may be precisely there that the original deposit payment and arrangements are confirmed.
Write to the landlord and send a copy to the current property manager. Ask who is handling the final settlement on the landlord’s behalf. A discussion about the transfer of records is no reason to leave it unclear how much deposit you paid and what amount is still owed.
Check separately whether there has been a transfer of contract or some other change in the landlord’s position. That is something other than merely a new office for maintenance and administration. A new account number is in itself insufficient to infer a new contracting party.
Timeline: who repays the deposit after the home is sold?
When a rented home is sold, there is often confusion about whom you should approach. It revolves around two moments: the date of the transfer of ownership and the moment at which repayment of the deposit became due. A fictitious example makes this clear.
| Date | What happens | Who is the other party? |
|---|---|---|
| 1 March 2023 | You rent from landlord A and pay a deposit of € 1,200 | Landlord A |
| 15 June 2025 | The home is transferred to buyer B; the tenancy continues (Article 7:226 BW: sale does not break a lease) | From now on B is your landlord for the ongoing tenancy obligations |
| 1 October 2025 | The tenancy ends and you hand in the keys | Repayment of the deposit becomes due at this point, i.e. after the transfer |
| Consequence | The obligation became due when B was the landlord. Approach B. If the deposit remained with A, that is a matter between A and B (not your problem), but do keep A in copy | |
| Different order | Had the tenancy already ended on 1 May 2025 and was the home only transferred on 15 June? | Then the deposit was already due before the transfer and A remains the party to approach |
What the sale of the home means for your deposit
When a rented home is transferred, the landlord’s rights and obligations may pass to the acquirer. Article 7:226 of the Dutch Civil Code is relevant here. The transfer date, the content of the obligation and the moment at which repayment became due may determine which party must be approached. See the statutory text on the transfer of a leased property.
If the home was sold during your tenancy, ask for clarity about the change of landlord and the registered deposit. The fact that the seller and buyer did not properly settle the deposit between themselves does not automatically decide your claim.
If the tenancy had already ended and the deposit was already due before the home was sold, the situation may be different. Do not issue a writ of summons solely on the basis of the current ownership details. Have the timeline of the end of the tenancy, the transfer and the repayment assessed.
The landlord and letting agent point at each other
Send one clear letter to the party that, according to the documents, is your landlord, and a copy to the property manager or letting agent involved. State that you want clarification about the settlement, but also demand payment of the amount you are claiming. A request for information alone is not the same as a request for payment.
Ask the property manager in writing in what capacity he is acting and on what basis he believes someone else must pay. Ask the landlord to clarify any contradictory instructions. Do not let yourself be referred on time after time without anyone taking a substantive position on the deposit payment, deductions and the balance.
There is no general rule that the landlord and letting agent are both jointly and severally liable. Joint and several liability means that you can hold each of them liable for the whole amount; that requires a legal basis. It is sensible to resolve uncertainty before bringing proceedings, rather than naming everyone as a defendant without substantiation.
Three examples of different contractual roles
Fictitious example of representation: the contract names a private landlord, represented by a letting agency. The deposit was paid to the agency as instructed in that contract. In that case, first examine the claim against the named landlord and the agency’s authority to receive the money.
Fictitious example of subletting: you rent a room from someone who is a head tenant himself. The owner knows you and once carried out a repair. That does not automatically make the owner a party to your deposit arrangement. Your sublease agreement and the landlord named in it are the starting point.
Fictitious example of a separate promise to pay: a letting organisation confirms in writing that it will personally repay a certain amount. Examine the wording, the authority and the context. An obligation of its own may be relevant, but a message about payment on behalf of the landlord may have a different meaning. These examples do not guarantee any outcome.
Which documents to gather for an assessment
- The complete tenancy agreement, general terms and conditions and any addenda.
- The request to pay the deposit and the corresponding bank statement.
- The notice of termination or termination agreement and arrangements about the key handover.
- Letters about a new landlord, property manager or bank account.
- The final statement, the deductions stated and inspection documents.
- Correspondence in which the parties explain their role or payment obligation.
In addition, make a short timeline with the names of all parties involved. State which person represented which company. For the first assessment, send the relevant documents without including unnecessary information about other tenants. With a joint tenancy agreement, it must also be clear who can bring the claim or is authorised to do so.
Model letter to the landlord with a copy to the property manager
Use this example if the documents make sufficiently clear who your landlord is and that the deposit must be repaid. State a reasonable, specific payment date.
Example: request for repayment of the deposit
Subject: repayment of deposit for [address]
Dear [name of landlord],
According to the tenancy agreement dated [date], you are my landlord of [address]. The tenancy ended on [date]. I paid a deposit of € [amount] on [date], in accordance with [payment instruction/contract clause]. Proof of payment is enclosed.
So far I have received € [amount] back. I request that you transfer the amount still owed of € [balance] to [IBAN] no later than [date]. Insofar as you are setting off costs, I would like to receive the written notice, a complete specification and substantiation.
I am sending a copy to [property manager/letting agent]. Could you please confirm who is making the payment on your behalf? If you believe that another party has taken over the payment obligation, I would like to receive the legal basis for this and the relevant documents.
I reserve my claims to repayment and to any statutory interest and costs insofar as owed.
Yours sincerely,
[name and contact details]
Fill in the details between brackets and, before sending, check who is legally your landlord and whether the repayment is already due. Keep the proof of sending.
If you do not have reliable details of the landlord, request them specifically first. For proceedings, a bailiff can help with the necessary address check. A general request for information is not in itself sufficient to interrupt the limitation period for your claim.
Time limits and deductions remain separate questions
Even if there is a dispute about the correct party, you must keep an eye on the repayment period. The statutory main rule is fourteen days after the end of the tenancy. Where set-off is permitted, thirty days applies to the balance. A property manager’s internal administration does not automatically create a longer period.
Who has to pay and how much has to be paid are different questions. Once you have found the correct landlord, still check every deduction. For that substantive assessment, you can read more about permitted deductions from the deposit, disputed cleaning and painting costs and about a deposit set off against rent arrears. If you receive only part, also check your claim to the balance of the deposit.
A tenancy claim for payment is in principle a matter for the subdistrict court judge (kantonrechter). An independent liability claim against a letting agent may require a different assessment of jurisdiction and legal basis. For the usual tenancy proceedings, a lawyer is not mandatory before the subdistrict court judge. The Dutch judiciary explains the procedures in tenancy disputes.
Help if it remains unclear who must repay the deposit
Before you litigate, it must be clear which party you are pursuing, what amount is outstanding and on what basis you are demanding payment. With several companies, a sublet, a sale or a property manager who has disappeared, this deserves extra attention. Also discuss the costs of investigation and any proceedings in advance.
Arslan Advocaten can assess the contractual roles and the payment route, draw up a targeted letter of demand and discuss the next steps with you. Ask for help in reclaiming your deposit. For a general explanation of time limits and the first letter, you can also use the step-by-step plan for getting your deposit back.
Frequently asked questions
Should I reclaim my deposit from the landlord or the letting agent?
In principle from your contractual landlord. A letting agent may handle the payment on his behalf. Whether the letting agent is also obliged to pay itself depends on its role, its own arrangements and any independent liability.
Is the account holder automatically responsible for repayment?
No. A payment into an account may be received on behalf of someone else. Check the payment instruction and the authority of the recipient. The bank statement is important evidence, but does not on its own determine who your contractual debtor is. Without a bank statement, in the case of a deposit paid in cash, it comes down to the payment instruction and the authority of the person who accepted the money.
What if the property manager did not pass my deposit on to the landlord?
Examine whether you paid an authorised recipient in accordance with a valid instruction. An internal dispute about passing on the payment is then not simply at your expense. In the case of receipt without authority or fraud, other questions may arise.
Is the owner always the one who has to repay my deposit?
No. In a sublet or other structures, another party may be your landlord. A later transfer of ownership may affect the landlord’s position. So look at both the tenancy agreement and any changes during the tenancy.
Can I sue both the landlord and the letting agent?
That requires a sufficient legal basis against each party. Pursuing both parties without investigation may lead to dismissal and extra costs. First have it established who may be liable for what.
My parents paid the deposit: who can reclaim the money?
That depends on the arrangements. Payment by your parents does not automatically make them the contractual creditor. Check who the tenant is, on whose behalf the payment was made and whether there are separate arrangements about repayment.
Can a letting agent reach a settlement on behalf of the landlord?
That is possible if he is authorised to do so or if other rules on representation apply. If in doubt, ask the landlord for confirmation. A management mandate does not necessarily include every authority to settle.
Can I claim my deposit through the Rent Tribunal?
The Rent Tribunal (Huurcommissie) does not decide on an independent claim for repayment of the deposit. If a tenancy dispute persists, the subdistrict court judge can be called upon. A report to the municipality may be relevant alongside that civil route.
