The deposit (security deposit) is intended as a guarantee for the landlord. A frequently asked question is whether the landlord can use the deposit to offset rent arrears. The answer is: yes, but under strict conditions.

The rent law lawyers of Arslan Advocaten explain how this works and what your rights as tenant are.

What does the law say?

The law gives the landlord the possibility to offset the deposit with outstanding obligations of the tenant. This can only if:

1. There is actually a rent arrears.

2. The amount has not already been paid in another way.

3. The landlord supports this correctly and demonstrably.

Examples from practice

• Permitted set-off: a tenant left the house with 1 month rent arrears. The landlord used the deposit to offset this amount.

• Incorrect offset: a landlord used the deposit to automatically offset the last month’s rent, while this was not agreed. The judge ruled that the tenant was still obliged to pay the last rent as usual.

• Partial offset: the tenant had € 400 rent arrears, while the deposit was € 1,000. The landlord was allowed to offset € 400, but had to repay the remaining € 600.

What can the landlord not do?

• Use the deposit as an advance on future rent.

• Automatically offset the last month’s rent, unless this is expressly agreed in writing.

• Withhold the full deposit, when the rent arrears is less than the deposit.

What can you do as a tenant?

1. 📄 Check your lease – is there something about offsetting?

2. ✉️ Request a specification of the withholding.

3. 📑 Save payment proofs of all rent payments.

4. ⚖️ Start a procedure if the landlord unjustly retains the deposit.

Frequently Asked Questions (FAQ)

1. Can the landlord use the deposit for the last month’s rent?
No, unless this is agreed in writing in advance. So, you still have to pay the last rent normally.

2. What if my rent arrears is less than the deposit?
Then the landlord must repay the remaining amount.

3. Can the landlord use the deposit for future rents?
No, that is not allowed. The deposit may only be used for existing arrears or damages.

4. What if I disagree with the offset?
Ask for a written substantiation and engage a lawyer if the landlord refuses to pay back.

Conclusion

A landlord may offset the deposit with an existing rent arrears, but not just or for future rent. Is your deposit unjustly withheld or fully offset? Then you can take legal action.

The rent law lawyers of Arslan Advocaten help you get your deposit back and to fight unjust offsets.