Reclaim your deposit via the kantonrechter

Reclaiming your deposit through the subdistrict court: evidence and steps

A problem with your landlord? Start here.

Your landlord cannot evict you personally. That requires a decision by a Dutch court.

Deposit not returned? As a rule it must be settled within two weeks, with a specification.
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If the landlord does not return your deposit after the tenancy has ended, the safe route starts with evidence and a clear written refund letter. If payment still fails to arrive, a claim under the tenancy agreement can be put before the subdistrict court (kantonrechter).

This page deals specifically with the procedure and the evidence. For the statutory maximum, permitted deductions and the 14/30-day deadlines, read the general guide to security deposits in tenancy.

First check whether the deposit is due

Where no permitted set-off applies, a deposit for residential accommodation must be refunded within 14 days after the end of the tenancy. Where set-off is permitted, the remainder must be paid within 30 days and the landlord must send a full written breakdown of the costs. This follows from Article 7:261b of the Dutch Civil Code and the explanation given by the Dutch government.

Check the end date, the deposit amount you paid, any arrears you have acknowledged, and every item of damage or cost. If there is a dispute about individual items, also read when the landlord may withhold the deposit.

Evidence checklist for a deposit claim

Subject	Documents
Agreement and payment	Tenancy agreement, deposit clause, bank statement or receipt.
End of tenancy	Notice of termination or termination agreement, end date and handover of keys.
Condition of the property	Initial and final inspection reports, inspection records, photographs and maintenance reports.
Deduction	Cost breakdown, invoices, substantiation of damage and your written response.
Refund request	Letter or e-mail, proof of dispatch, payment deadline and the landlord’s responses.

Arrange the documents chronologically and number the exhibits. The Dutch judiciary advises attaching supporting documents to the writ of summons and explaining them.

Send a clear refund letter

State the rented property, the contract, the end date and the deposit amount paid.
Calculate the amount that in your view must be refunded.
Respond separately to each disputed deduction.
Set a reasonable payment deadline and state your bank account number.
Keep proof of dispatch and receipt.

You can use the model letter from the Juridisch Loket as a starting point. Whether statutory interest or additional costs become payable, and from which date, depends on the specific contractual situation and on whether the landlord is in default.

When is subdistrict court proceedings appropriate?

Proceedings may be appropriate where the amount claimed is sufficiently substantiated, written payment fails to materialise, and the costs and risks are proportionate to the claim. No outcome in court can be guaranteed.

The subdistrict court handles tenancy cases. According to the Dutch judiciary, summons proceedings start with a writ of summons setting out the claim, the grounds and the evidence. A bailiff must serve the writ and file it with the court.

How do the proceedings run?

The writ of summons is drawn up, stating the claim, the facts, the legal basis and the evidence.
A bailiff serves the writ on the landlord.
The served writ is filed with the court.
The landlord may respond in writing or orally and may bring a counterclaim.
The judge decides whether a hearing, a further written round or another evidentiary step follows.
The proceedings end in a settlement, a withdrawal or a judgment.

Lawyer and costs

A lawyer is not mandatory before the subdistrict court. Both the Dutch government and the judiciary confirm this. You are, however, free to seek legal assistance.

Take account of court fees, bailiff’s costs and any costs of legal assistance. Check the current amounts on the judiciary’s website. The court may order one party to pay part of the legal costs; full reimbursement of the actual costs is not guaranteed.

Rent Tribunal or municipality?

The Rent Tribunal (Huurcommissie) does not handle deposit disputes. This is confirmed by Volkshuisvesting Nederland. You claim repayment before the subdistrict court (kantonrechter); the municipality can take enforcement action under the Good Landlordship Act, but a municipal sanction does not automatically produce a refund.

Frequently asked questions about reclaiming a deposit

Can I claim an unrefunded deposit before the subdistrict court?

Yes. A claim for repayment of a deposit under a tenancy agreement can be brought before the subdistrict court. You must present the claim, its legal basis and your supporting evidence clearly.

Do I have to send a letter first?

A clear written refund letter helps to record your position, the amount and the payment deadline. Whether legal default has arisen, and from what date, depends on the contract, the law and the steps you have taken.

Do I need a lawyer at the subdistrict court?

No. The judiciary and the Dutch government state that a lawyer is not mandatory before the subdistrict court. You may nevertheless instruct a lawyer or another authorised representative.

Do I get all my legal costs back if I win?

Not automatically. The court may order the losing party to pay part of the legal costs and determines the amount. Actual costs are not reimbursed in full as a matter of course.

Does the Rent Tribunal handle a claim for repayment of a deposit?

No. Volkshuisvesting Nederland states that the Rent Tribunal plays no role in deposit disputes. You claim repayment before the subdistrict court (kantonrechter).

Official sources

Conclusion

A deposit claim stands or falls on a verifiable calculation, complete supporting evidence and a clear procedural route. Write carefully first, weigh up the costs and the risks, and if necessary put the claim before the subdistrict court by writ of summons.