Your Landlord Isn't Returning Your Security Deposit

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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.
As a tenant you have the same protection as anyone else living in the Netherlands.
Send us your lease and we will tell you what your landlord may and may not do.

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Het eerste gesprek is kosteloos en vertrouwelijk. Zes vestigingen in Nederland. Wij spreken ook Turks, Pools en Engels.

Your landlord must return your deposit (waarborgsom) within fourteen days after your lease ends. He may only withhold money if you caused damage you're liable for, or still owe rent — and even then he has thirty days, must notify you in writing, and must give you a full breakdown of costs. No written breakdown means the deduction has no legal basis.

Rental deposit recovery in the Netherlands

Has your landlord kept your security deposit after you moved out? Our English-speaking rental lawyers can assess the repayment claim, challenge unsupported deductions and discuss collection. You can contact us while living in the Netherlands or after moving abroad.

Start with a free first consultation. We check whether subsidised legal aid is an option. Without legal aid, our fixed deposit recovery fees start at €500 including VAT. For suitable straightforward collection claims, we can also assess a no cure no pay arrangement. We explain the scope and costs before you instruct us.

Ask us to assess your deposit claim · Legal aid and fixed fees · Find your city

What you can do now

Find your lease and check how much deposit you paid and the exact date your tenancy ended.
Gather your evidence of the property's condition: the move-in inspection report, the move-out report, and your own photos from the day you left.
If you haven't received a cost breakdown, ask your landlord for one in writing.
Send a registered letter demanding the full amount back, giving a fourteen-day deadline.
If your landlord doesn't respond, or withholds money without proof, get your situation reviewed before you agree to anything.

How long does my landlord have to return the deposit?

Fourteen days after your lease ends, unless he has something to deduct. This comes from article 7:261b(3) of the Dutch Civil Code (Burgerlijk Wetboek, BW). If there's damage you're liable for, or you still owe rent, service charges, or an energy performance fee, he may return the remainder within thirty days instead. That thirty-day period only applies to what's left after deduction — it isn't an automatic extra month for every landlord.

What can my landlord actually deduct?

Only proven repair costs for damage you're liable for, and money you genuinely still owe. Normal wear and tear doesn't count. Under article 7:224(2) BW, you don't have to hand the property back in like-new condition: whatever wore out or broke down through age or ordinary use stays out of the calculation. Faded wallpaper, a worn carpet, or small pinholes from picture frames are use, not damage.

Does my landlord have to justify the deduction?

Yes. He must notify you in writing of the deduction and provide a full breakdown of the costs (article 7:261b(4) BW). A text message saying "the place still needed cleaning" is not a breakdown. In a case before the Noord-Holland district court, the judge treated both the written notice and the full cost breakdown as conditions for the deduction to stand at all (ECLI:NL:RBNHO:2024:12463).

How large can the deposit legally be?

For agreements concluded on or after 1 July 2023, no more than twice the basic rent. That cap comes from article 7:261b(2) BW, introduced by the Good Landlordship Act (Wet goed verhuurderschap), in force since 1 July 2023. It isn't part of the 2024 Affordable Rent Act, which it's often mixed up with. "Bare rent" excludes service charges and any energy performance fee.

Why does the move-in condition matter so much?

Because the description made when you moved in sets the standard your move-out is judged against. If a condition report was made, you must return the property in that same state, minus permitted changes and minus anything that wore out through age. If no report was made, the law presumes — unless proven otherwise — that you received the property in the condition it was in when the tenancy ended (article 7:224(2) BW). That presumption works in your favour: your landlord then has to prove it was different.

By way of illustration. A tenant hands back an apartment after three years. No inspection report was made when he moved in. The landlord withholds the entire deposit for repainting the walls and replacing the flooring. The tenant has photos from moving-out day; the landlord has nothing from moving-in day. The question isn't what it now costs to redecorate, but whether the landlord can prove the condition worsened because of something the tenant is responsible for.

This is a fictional example to illustrate the rule, not a case handled by our firm.

What if my landlord just doesn't respond?

Then you claim the amount before the cantonal court (kantonrechter). Rental disputes go to the cantonal court, where you aren't required to have a lawyer but do need to come prepared. A registered letter of formal notice with a clear deadline is the first step. Often a lawyer's letter is enough on its own, once the landlord sees his justification won't hold up.

When it goes wrong

You sign the move-out inspection report without noting your objections. Don't sign it blank — write down what you disagree with, or sign only to confirm receipt, not agreement.
You let it sit for months. Evidence disappears: the property gets re-let, photos get lost, and your landlord points to repairs nobody can check anymore.
You accept a partial payment just to close the matter. That can be treated as a full settlement you're later bound by, including the part you were actually still owed.

Read our full guide on getting your security deposit back at the end of the lease for more detail on inspections and disputes.

What does recovering a rental deposit cost?

The first consultation is free and without obligation. Before we start further work, we discuss the amount at stake, the evidence and the most suitable funding route. A deposit claim should make financial sense for you.

Subsidised legal aid for a deposit dispute

Eligible tenants can receive government-funded legal aid, called a toevoeging. The Legal Aid Board assesses your income, assets and the legal problem, including the amount in dispute and whether a lawyer is needed. We can assess eligibility and, where appropriate, apply on your behalf. Being an expat, an international student or temporarily without work does not by itself determine eligibility.

Legal aid can cover a substantial part of the lawyer’s fees. A personal contribution usually remains, and court fees, bailiff fees or other expenses may still be payable. We explain the expected contribution and any other costs before work begins. Read the Legal Aid Board’s eligibility conditions and information about personal contributions and other costs.

No legal aid? Fixed deposit recovery fees from €500

If you do not qualify for legal aid, the following fixed legal fees apply to our standard private deposit recovery service. All prices include VAT. The out-of-court fee covers the agreed collection work before a court procedure. The court-stage amount is additional and only applies if you separately instruct us to start proceedings.

Fixed legal fees for deposit recovery — all amounts include VAT
Deposit amount in dispute	Out-of-court stage	Additional court stage	Combined legal fees
Up to €1,500	€500	€250	€750
Over €1,500 up to €2,500	€500	€500	€1,000
Over €2,500 up to €4,000	€750	€500	€1,250
Over €4,000 up to €6,000	€750	€1,000	€1,750
Over €6,000 up to €8,000	€1,000	€2,000	€3,000
Over €8,000 up to €10,000	€1,250	€2,250	€3,500

Example: your landlord owes you a €2,000 deposit. The out-of-court legal fee is €500 including VAT. If court proceedings are needed and you instruct us to proceed, the additional legal fee is €500. The combined legal fee is then €1,000 including VAT.

The fixed fees are payable for the agreed work regardless of the outcome. Court fees, bailiff charges and other external expenses are separate. We explain these in writing before you authorise the relevant work. A court’s costs order may not cover your entire legal bill.

We confirm the amount in dispute, the scope of each stage and payment arrangements in writing before starting. Claims above €10,000, appeals, enforcement or work outside the agreed scope receive a separate written quote. We compare the available funding routes with you, including legal expenses insurance where applicable.

No cure no pay deposit collection

For suitable straightforward collection claims, we can consider a no cure no pay arrangement. We first check the documents, the landlord’s position and whether the matter fits this type of collection work. It is not an automatic offer for every disputed deduction or court case.

Before you decide, we set out in writing when a success fee is due, its amount including VAT, any separately agreed expenses and which work is covered. If the agreed collection produces no recovery, no success fee is due. If a substantial legal dispute or court proceedings become necessary, we discuss the next step and its costs separately before proceeding. Ask us to compare this route with legal aid or insurance where relevant.

Private fees or legal expenses insurance

If legal aid or collection terms do not fit your case, we discuss a private fee arrangement or any applicable legal expenses insurance. We explain the expected work and costs before acceptance. A court’s costs order does not necessarily repay your entire legal bill.

What to send for your first assessment

The rental address, tenancy agreement and the landlord’s or letting agent’s contact details.
The deposit amount, proof of payment and the date the tenancy ended.
Check-in and check-out reports, dated photographs and evidence of returning the keys.
The amount still unpaid, the landlord’s itemised deductions and your correspondence.
Whether you still live in the Netherlands and whether a court or bailiff deadline is approaching.

Keep original files and complete message threads. In your enquiry, write “Deposit refund” and the city of the rented property. We can then identify the issue and discuss the documents needed. Do not send identity or financial documents for a legal aid application until we explain what is required and how to provide it.

A demand letter, negotiation or court?

We start by establishing who owes the money and what remains unpaid. A focused repayment demand can address the deadline, each disputed deduction and the supporting evidence. If the landlord disputes the claim, we assess the response and discuss negotiation or further action.

The Huurcommissie does not decide a claim for repayment of the deposit itself. A municipal report concerns landlord conduct; it does not automatically recover your money. If repayment cannot be agreed, a claim may be brought before the subdistrict court (kantonrechter), where a lawyer is not mandatory. The government’s deposit guidance explains these routes.

Want to prepare first? Use our deposit check and sample letter, or read the guide to challenging deposit deductions. If you have already moved abroad, see recovering a Dutch rental deposit from abroad. Court representation and any attendance requirements are discussed separately.

English-speaking rental lawyers in your city

The residential deposit rules are national. Your local page explains the office, contact details and other tenancy issues relevant to your situation. Appointments and the lawyer handling your case are arranged at intake.

Get your situation reviewed

Call +31 70 450 0300 or send your documents via arslan.nl/en/contact. The first conversation is free and confidential. We have six offices across the Netherlands and help you in Dutch, Turkish, Polish and English.