If you rent a home together and one occupant leaves, that person does not automatically receive a proportionate share of the deposit back from the landlord within fourteen days. It must first be established who the tenant is, whether the tenancy agreement ends for anyone and which arrangements apply to the amount paid. Moving out and ending the contractual position as tenant are two different events.
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Written by Ömür Arslan, attorney at Arslan Advocaten (social security law). Registered in the specialisation register of the Netherlands Bar for tenancy law and social security law. Last updated: 17 September 2026.
This arises with students sharing a home, partners who separate and friends who signed together. A proper settlement covers more than handing over the keys: liability, inspection, compensation between occupants and the eventual repayment are all part of it. Below you can read which situations you need to distinguish and which arrangements you should record. The explanation concerns residential accommodation in the Netherlands.
First establish who is legally the tenant
Start with the complete contract, any addenda and later correspondence with the landlord. Is everyone named as a tenant, or does each occupant have a separate agreement for a room? Is someone merely a partner living in? Are you renting from a head tenant? The labels occupants use among themselves are not always decisive for their legal position.
| Living situation | First question on departure |
|---|---|
| Several people on one tenancy agreement | Does the departing person’s position as tenant end validly |
| Each person has their own room contract | Does the individual contract end, and which spaces does it cover |
| One tenant with a partner living in | Does the partner have their own or a statutory position as tenant |
| Subletting a room | Who is the landlord under the contract, and who received the deposit |
| A new occupant takes over a place | Which parties have agreed to the change |
In addition, make clear who paid the deposit. The bank statement may be in the name of one occupant while several people are jointly entitled to the later repayment. Conversely, a parent may have paid on behalf of a child without thereby becoming a tenant or the person entitled to the deposit claim. The payment route is important evidence, but it is not the whole answer.
Moving out does not automatically end your obligations
Anyone who leaves the home, registers at another address or gives the key to a housemate is not automatically released from the tenancy agreement. With a joint tenancy, it must be assessed how the agreement can be amended or brought to an end for one tenant. Clauses on joint termination and liability also deserve attention.
So ask for written clarity before you leave. State who is staying, who is leaving, from which date and how the tenancy will continue. A confirmation from a housemate alone does not automatically bind the landlord. If a property manager gives consent, it must also be clear whether that manager is authorised to act on behalf of the landlord.
Do not let the confirmation deal only with the key. It must be clear what happens to future rent instalments and to liability for past obligations. For example, the landlord may agree to a departure from a certain date while rent arrears built up earlier remain outstanding. That may in turn affect the settlement of the deposit and the relationship between the occupants.
What the Supreme Court has decided on joint tenancies
A refusal by the landlord does not in every situation mean that the options are exhausted. On 24 December 2021, the Supreme Court of the Netherlands (Hoge Raad) ruled that the separation rule in Article 7:267(7) of the Dutch Civil Code (BW) can be applied by analogy to contractual co-tenancy. A court allocation of the tenancy based on that rule is also effective against the landlord. See ECLI:NL:HR:2021:1964.
That decision does not create a general rule that every occupant can independently leave any joint tenancy agreement without further steps. It must be assessed which legal route and circumstances apply. Nor does this ruling automatically determine how a deposit should be divided between the tenants involved. That financial settlement requires its own arrangements or assessment.
Specific statutory rules also apply to spouses, registered partners and certain statutory co-tenants. In the event of a relationship breakdown, therefore, have both the position as tenant and the financial settlement examined. An agreement about who uses the home does not necessarily resolve all obligations towards the landlord and all claims between the parties.
When the deposit may remain with the landlord
A deposit serves as security for obligations under the tenancy. If the same joint tenancy agreement is continued with the remaining tenants, the deposit can continue to serve that purpose in that relationship. The departure of one occupant therefore does not automatically mean that the landlord must repay an equal share and accept less security.
Whether the departing tenant can claim an amount directly from the landlord depends on the agreement, the manner of termination or continuation and any additional arrangements. The fourteen-day and thirty-day periods in Article 7:261b of the Dutch Civil Code do not answer that prior question. It must first be clear which repayment obligation has become due as a result of which end of the tenancy.
Have it recorded in writing which deposit amount the landlord still holds after the change, for which agreement, and to whom the final settlement will be made. This prevents the departing tenant from believing they still have a claim to the same amount that a new occupant has since taken over.
Settling between yourselves can be practical
One possible arrangement is that the remaining or incoming tenants compensate the departing tenant, while the full deposit stays with the landlord. This is a financial arrangement between the occupants. Record precisely which claim is being taken over or compensated and what the relationship with the landlord remains. A payment request with just the word deposit is too vague.
Fictitious example: three tenants each contributed € 600 towards a joint deposit of € 1,800. One tenant leaves and is replaced with the landlord’s consent. The parties can agree that the new tenant pays € 600 to the departing tenant and that the deposit with the landlord remains unchanged. That requires clear arrangements about existing damage, the future settlement and the amended position as tenant.
The amount need not in every situation equal the original contribution. Perhaps one tenant paid more, part of it was a loan, or there is a specific damages claim between the occupants. Examine those points separately. Do not deduct a round sum without justification for possible future damage or for a settlement that may still be years away.
Prevent the deposit from being collected twice
When occupants change, it may become unclear whether the new tenant is paying the landlord or buying out the departing occupant. Before paying, check the total the landlord already holds. Ask why a further amount would be needed and how it fits with the contract and the statutory maximum. A new occupant is no reason to lose sight of existing deposit amounts.
The statutory maximum for residential accommodation depends, among other things, on the contract date and is calculated on the basic rent. When the contract is amended, have it assessed whether this is a continuation or a new agreement, and what the consequences are. Moreover, the maximum for a deposit paid to the landlord is not automatically the same as compensation paid between occupants.
Keep proof of payment and have the landlord confirm the current deposit balance. Agree who may receive payment when the tenancy eventually ends and how that amount will be divided. A payment to one occupant does not necessarily settle claims between occupants if that person was not authorised to act on behalf of the others.
Record the condition of the home at the changeover
An interim inspection helps to keep old and new damage apart. Take photos together of the room being vacated and of the shared areas. Note known defects, earlier maintenance reports and any repair arrangements. Compare this with the check-in report from the start of the tenancy. Have those involved record what they actually saw.
Do not simply call an interim inspection a final check-out if the joint contract continues. A document may be intended for the relationship between occupants without closing off all of the landlord’s claims. So state the purpose, the date and who agrees to it. A property manager who is present has not automatically waived every later claim.
With an individual room tenancy, you look at the room as well as the agreed rights and obligations regarding shared facilities. Damage in a shared kitchen cannot be attributed to one person solely because they lived in the house. For general points of attention, you can read more about the deposit for room rentals and student housing.
Joint and several liability and the internal division of liability
Joint tenancy agreements often state that the tenants are jointly and severally liable. This may mean that the landlord can hold one tenant liable for the whole of a joint debt. Who ultimately has to bear which share between the tenants is a different question. That internal division depends on the arrangements made and the basis of the debt.
Example: two tenants have agreed that each will pay half of the rent. One of them pays nothing to the landlord. An agreement that each pays half does not automatically prevent the other tenant from being held liable under the contract for a larger amount. After payment there may be a claim against the other tenant, but it must be substantiated and may have to be collected separately.
The same distinction can arise when a deposit is set off. The landlord may set off a debt owed against the joint security; that does not yet decide which of the occupants should ultimately bear the burden. So keep both the landlord’s settlement statement and the payment arrangements between the occupants. Also read about the deposit and rent arrears.
Your own room contract requires a separate settlement
If each occupant has an independent contract for their own room, the end of that contract must be examined separately. The fact that other occupants are staying does not automatically undo your own end date. Check the notice, the check-out, the keys and the deposit paid for your agreement. Ask the landlord to keep your settlement separate from the others.
When your tenancy is validly terminated, the statutory repayment rules apply: in principle fourteen days, or thirty days for the remainder where a set-off is permitted. The landlord must explain any set-off in writing with a full breakdown of costs. A vague reference to later occupants or future repairs is not a usable settlement.
For deductions, liability and evidence remain important. Normal wear and tear is not the same as damage caused by the tenant. For shared areas, ask why a particular item should be charged to you. The presence of other occupants does not automatically make a deduction incorrect, but it does make specific substantiation all the more important.
Arrangements to record before you leave
A good arrangement contains the names, the address, the contract and the effective date of the change. Then describe who remains a tenant, who joins and what the landlord confirms about this. Deal with the financial settlement in separate parts. That way it remains clear which arrangements concern the landlord and which apply only between the occupants.
- The deposit registered with the landlord and proof of the original payment.
- The compensation between occupants, the payment date and the account holder.
- How existing damage and arrears have been examined.
- The meaning of the interim inspection and any repair arrangements.
- Who receives the later deposit settlement and how it will be divided.
- Whether and when the parties grant each other a full and final discharge, and for which claims.
Avoid a broad closing sentence stating that everything has been settled if there is still uncertainty about service charges, damage or the tenant’s liability. A full and final settlement can be useful, but only if you understand what you are giving up. Where large amounts are involved or there is a dispute, have the text reviewed before you sign.
Sample message about departure and the deposit
The message below asks for clarity. It is not a complete agreement and does not by itself end your position as tenant. Fill in the facts and send it to the landlord and the co-tenants involved.
Subject: arrangements regarding departure and deposit for [address]
Dear [name],
I intend to leave the property as of [date]. Under the current agreement, [names] are the tenants. Could you confirm how my position as tenant can end and on what conditions the tenancy will be continued by [names]?
According to our records, you hold € [amount] as a deposit. I would be grateful for confirmation of this deposit balance and your proposal for the settlement at the time of the change. Between ourselves we are discussing compensation of € [amount], but no final agreement has yet been reached on this.
We propose a joint inspection of the property on [date] to record existing damage, items requiring repair and outstanding amounts. Could you also confirm who, after the change, will be entitled towards you to the later deposit settlement?
I would appreciate your written response before the change is implemented.
Kind regards,
[Name and contact details]
Keep the arrangements after you have left
Keep the contract, the confirmed change, inspection photos and proof of payment available after you have moved. Agree to which postal or email address a later settlement will be sent. Check that your name is correctly removed from future payment communications, to the extent that your position as tenant has actually ended. An administrative change is no substitute for the legal arrangement, but it does prevent fresh confusion.
If the parties cannot agree
Make clear what the dispute is about. Is your departure being refused, is the payment of the deposit being denied, or is only the division between occupants in dispute? The party you need to approach and the legal route may differ for each question. A claim against a housemate is not automatically the same as a tenancy claim against the landlord.
In a relationship breakdown, other financial arrangements may also play a role. Keep those visibly separate so that the deposit does not disappear into an unverifiable lump sum. Draw up an overview of contributions, payments, acknowledged set-offs and remaining differences. Attach contracts, messages and inspection documents.
Arslan Advocaten can assess your position as tenant and the settlement of the deposit. Send all versions of the tenancy agreement and the arrangements with occupants and the landlord. Discuss the costs and what is at stake in advance. For a specific dispute, you can request legal help with deposit problems.
Frequently asked questions
Do I get my share of the deposit as soon as I move out
Not automatically. With a joint contract that continues, it must first be clear whether your position as tenant ends and which repayment arrangements apply. Compensation paid by the other occupants can be a solution, but it must be recorded carefully.
Is deregistering with the municipality enough to leave the contract
No. Your actual departure and registration do not in themselves determine the end of your contractual position. Examine the agreement, consent and any statutory or court route. Have the effective date and the consequences recorded in writing.
Can a new housemate take over my share of the deposit
That can be part of an arrangement, but check who must consent to it and what is legally being taken over. Also deal with existing damage, the deposit balance held by the landlord and the final settlement. A payment alone provides too little clarity.
Who gets the deposit if my parents paid it
That depends on the arrangements and the position as tenant. A payment by parents on behalf of a tenant does not automatically make the parents the entitled party towards the landlord. Keep the payment instruction and record any arrangements about repayment between you.
Can I be held liable for damage caused by another occupant
That depends on liability, the contract and the evidence. Joint liability towards the landlord must be distinguished from the internal division between occupants. Have it examined specifically why the damage is being attributed to you and what claim, if any, you have against someone else.
Does the fourteen-day period also apply when one co-tenant leaves
The repayment period can only be applied once it is clear which tenancy is ending and which deposit claim becomes due as a result. Moving out within a continuing joint tenancy is not necessarily the end of the entire tenancy agreement.
Sources and legal basis
- Supreme Court, 24 December 2021, on contractual co-tenancy.
- Dutch Civil Code, Book 7: Articles 224, 261b, 266 and 267.
- Dutch Civil Code, Book 6: including rules on joint and several liability and the internal relationship between debtors.
- Dutch central government on the maximum deposit and its repayment.
- The Dutch judiciary on tenancy disputes.
