When renting a house, you often pay a security deposit (deposit). The deposit provides the landlord with security in case of damage or unpaid rent. But what if you do not get the deposit back? In this article you will read what is allowed, what is not and what steps you can take immediately.
What is a security deposit?
The security deposit is the amount you pay at the start of the lease contract. The landlord may deduct actual damage or arrears from this. The statutory maximum is twice the basic monthly rent (Article 7:261b(2) of the Dutch Civil Code). Since 1 July 2023 this is mandatory law that cannot be contracted out of (Article 7:265), so a higher deposit agreed in the tenancy agreement is invalid. Since July 1, 2023, stricter rules apply to protect tenants and against excessive deposit amounts.
Maximum amount of the deposit (since July 1, 2023)
The legislator wants to protect tenants against excessive deposits. Therefore, in practice, the norm is a maximum of two months’ basic rent. Does your contract state a higher amount? Then you can request a reduction and reclaim (overpaid) deposit. Always check the exact amount in your contract.
Deposit too high: what can you do?
- Check the contract. Note the deposit amount and the justification.
- Ask for correction. Request the landlord in writing for a reduction to the reasonable maximum.
- Reclaim the excess. If this does not work out in consultation, legally request repayment of the excess.
Is a deposit legally required?
No. A deposit is not required. Landlord and tenant make agreements about this. If a deposit is requested, the amount should be reasonable.
Older contracts (before August 1, 2003)
Different principles applied to older contracts. It was often assumed that you received the property in good condition at the time. You deliver it in the same condition at the end of the lease, subject to normal wear and tear. The landlord may deduct demonstrable damage, but no maintenance costs that are for his account.
When must the landlord refund the deposit?
In practice, the following applies:
- 14 days after the end of the lease if there is no damage or arrears;
- 30 days for settlement of demonstrable costs (with specification).
Always make a final inspection and record agreements in writing. This prevents discussion.
Prevent discussion: recording state and inspection
Make a recording state with photos at the start. Repeat this at the final inspection. This establishes the condition in which you received and deliver the property. This reduces the risk of unjustified deductions.
May the landlord withhold the deposit?
Only in case of demonstrable damage, rent arrears or in accordance with agreements in the contract. The landlord must substantiate this concretely and specify it. If a good substantiation is missing, you should get the deposit back.
Do you get the chance to repair it yourself?
Yes. If the landlord discovers defects, he must give you a realistic chance to repair. If you repair in a timely and proper manner, no deduction will follow for those points. If you are not given a chance, only reasonable material costs are defensible, no labor costs of third parties.
Normal wear and tear versus damage
Normal wear and tear is part of living and is not damage. Examples of normal wear and tear:
- small scratches or dents in the floor;
- slight discoloration due to sunlight;
- small holes from paintings (provided they are neatly repaired).
No normal wear and tear (so damage):
- burn marks on counter or floor;
- deep scratches or dents that you could have prevented;
- damage due to incorrect or aggressive use.
No recording state? Proof lies with the landlord
Was there no recording state made at the start? Then the landlord has a heavier burden of proof. He must prove that you left the property in a worse state than you received it. If that fails, you should get the deposit back in full.
Not getting your deposit back? This is your step-by-step plan
- Check your contract. Pay attention to deposit amount, term and agreements.
- Send a written request. Ask for payment within 14 days (send by registered mail).
- Send a notice of default. Give another 14 days and announce further steps.
- Rent Tribunal or judge. Depending on the dispute, you can go to the Rent Tribunal or the subdistrict court.
Interest on the security deposit
Interest is not automatically due. Only if it is in the contract or if the delay is unreasonable, interest can come into the picture. Check your agreement.
When do you engage legal help?
Do you doubt the deduction? Or does the landlord not respond? Then it is wise to seek legal advice. We assess your position, write the right letters and start a procedure where necessary.
Deposit not (fully) returned?
Please contact Arslan Advocaten. We ensure a quick and firm approach, so that you get what you are entitled to.
Frequently asked questions
What is the usual maximum deposit?
The statutory maximum is twice the basic monthly rent (Article 7:261b(2) of the Dutch Civil Code), and this is mandatory law that cannot be contracted out of. Higher? Ask for a reduction and repayment of the excess.
When must the landlord refund?
Usually within 14 days after the end of the lease. With settlement and specification: no later than 30 days.
May the landlord withhold normal wear and tear?
No. Normal wear and tear is for the account of the landlord. He may only deduct demonstrable damage or arrears.
