Withhold the deposit | Arslan Advocaten

When can the landlord withhold the deposit?

For general information, see Government of the Netherlands information on rented housing.

When renting a property, you often pay a deposit. This amount is intended as security for the landlord. However, at the end of the rental period there is often a discussion: when can the landlord withhold the deposit (partially)?

The rental lawyers of Arslan Lawyers explain what the rules are, so you know what to expect.

Check the date of your contract: the deposit maximum and the repayment rules are separate questions. The two-month maximum applies to residential agreements concluded on or after 1 July 2023; the government refers to three months for older agreements. Do not assume an older agreement is exempt from the 14/30-day repayment rules. For agreements from before 1 August 2003, different rules may apply; have the agreement assessed. See the official deposit guidance. Use the deposit check and repayment-letter tool to calculate the unpaid balance, including repayments and accepted deductions.

Can the landlord keep the deposit until the annual service-charge statement?

A pending annual statement does not by itself override the statutory deposit deadlines. Ask which service charges are actually unpaid, for which period and on what evidence. A general reserve for possible future bills is different from substantiated set-off against an existing debt. Dispute an unexplained withholding in writing and request repayment of the balance.

For permitted deductions, the landlord must return the balance within 30 days after the tenancy ends and give a full written breakdown; without deductions, the period is 14 days. A later dispute about service charges can be assessed separately. The Huurcommissie does not decide the deposit repayment claim itself.

Rijksoverheid: waarborgsom (NL).

Want a lawyer to assess the deduction?

Send the landlord’s itemised account, check-in and check-out evidence and proof of your deposit. We discuss which items can be challenged and whether collection is appropriate. See rental deposit recovery and funding options for a free first consultation, legal aid eligibility and fixed fees from €500 including VAT, with an additional fee for court proceedings. No cure no pay terms can also be assessed for suitable collection claims.

Ask for a deposit assessment · Find local help

Legal basis: deposit is security, not additional income

The deposit is not a payment that the landlord may keep because he wants to. The deposit must be refunded, unless there are valid reasons to withhold (part of) the amount.

Reasons for withholding the deposit

A landlord may withhold the deposit if there is:

Rent arrears
- If you have not paid (part of) the rent.
- Example: You terminate the lease without paying the last month, the landlord can offset this with the deposit.
Damage to the property
- In case of damage you as a tenant have caused.
- Examples: holes in walls, broken doors, serious stains in the carpet.
- Note: normal wear and tear (such as slight discoloration of the floor or small holes from paintings) may not be considered damage.
Service charges or final bill
- If it turns out that you still have to pay service charges or utilities.
- The landlord may offset this against the deposit, but must still repay the remainder within 30 days of the end of the tenancy, with a full written specification of the costs (Article 7:261b(3)-(4) DCC).

A contractual penalty cannot simply be deducted

In a judgment of 12 February 2025, the Midden-Nederland District Court rejected a deduction for a contractual penalty and ordered repayment of the €669 deposit. The statutory grounds for deposit deductions do not include contractual penalties; the alleged breach was also not established in that case. This is a published judgment, not presented as an Arslan Advocaten case. Read the judgment. A separate claim by a landlord must be assessed on its own merits.

What the landlord cannot do

Unfairly claim damage: for example, normal wear and tear.
Costs due to own maintenance backlog: the landlord is responsible for major maintenance.
Withhold an arbitrary amount: withholding must always be specified and substantiated.

Fictional examples: test the deduction against the evidence

These examples are hypothetical; they are not reported judgments or Arslan case results.

Painting: suppose a landlord charges €500. Compare move-in and handover evidence. Normal wear does not justify a deduction; any tenant-caused damage and repair costs must be substantiated.
Floor damage: a deduction may be justified if the landlord proves damage attributable to the tenant and the actual repair costs. The age and original condition of the floor matter.
Service charges: if €150 is demonstrably due, that amount may be deducted. The remainder must be repaid within the applicable 30-day period with a written specification; the deposit cannot simply be held until a later annual settlement.

Checklist for tenants at delivery

📷 Take clear photos of the property at delivery.
📑 Ask for a written final inspection report.
🔍 Check if damage is correctly attributed to you.
📞 Have a lawyer look into it if the deduction seems unwarranted.

Frequently Asked Questions (FAQ)

1. How quickly should the deposit be refunded?
Within 14 days of the end of the tenancy; within 30 days if the landlord sets off damage, unpaid rent, service charges or an agreed energy performance fee, in which case he must give you a full written specification of the costs (Article 7:261b(3)-(4) DCC). A clause promising repayment “within a reasonable period” or “within one to two months” does not override these deadlines.

2. Can the landlord use the deposit for overdue maintenance?
No, maintenance is the responsibility of the landlord. Only damage caused by the tenant counts.

3. What if I disagree with the withholding?
Ask for a specified overview. If this is not justified, you can recover the deposit through the court.

4. Can the landlord hold the entire deposit?
Only if the damage or rent arrears is at least equal to the deposit amount. Otherwise, part of it must be refunded.

Conclusion

A landlord cannot simply keep the deposit. Permitted deductions concern unpaid rent, service charges, an agreed energy performance fee and damage for which the tenant is responsible. The deduction must be explained and substantiated, and the balance repaid within the applicable deadline.

Do you doubt whether the withholding is justified? The rental right lawyers of Arslan Lawyers are ready to help you claim back your deposit.

How to Protect Your Deposit and Resolve Disputes

Both tenants and landlords should take proactive steps to ensure the deposit is handled fairly and transparently. In the Netherlands, it is advisable to draw up a detailed inspection report at the start and end of the tenancy. This report documents the condition of the property, helping to distinguish between normal wear and tear and actual damage.

Tenants are advised to:

Take dated photos or videos of the property’s condition when moving in and out.
Request a joint final inspection with the landlord before handing over the keys.
Keep all receipts and documentation for repairs or cleaning they have paid for.

Landlords, on the other hand, must provide clear evidence if they intend to withhold any part of the deposit. They should send a written explanation and an itemized list of deductions. Legally, the deposit must be returned within 14 days of the end of the tenancy; within 30 days if the landlord sets off damage, unpaid rent, service charges or an agreed energy performance fee, with a full written specification of the costs (Article 7:261b(3)-(4) DCC).

Legal Framework and Tenant Rights in the Netherlands

Under Dutch law, the deposit is regulated primarily by the Dutch Civil Code (Burgerlijk Wetboek). Article 7:261b of the Civil Code, introduced by the Good Landlordship Act (Wet goed verhuurderschap), states that the deposit serves as security for what has been agreed in the tenancy agreement. However, it cannot be used to generate income, and the landlord must prove any claim against the deposit.

If a dispute arises about the rent or maintenance issues, tenants can seek assistance from the Rental Disputes Committee (Huurcommissie), an independent body. The Huurcommissie (Rent Tribunal) does not decide deposit disputes. You claim repayment before the subdistrict court (kantonrechter); the municipality can take enforcement action under the Good Landlordship Act.

In cases where serious disagreements persist, parties may turn to civil courts for resolution. Here, legal representation becomes crucial to protect your interests and ensure compliance with the law.

Practical Advice for Tenants and Landlords

Tenants: Always read your rental contract carefully. Some contracts specify conditions about the deposit and damage. Knowing your rights can prevent misunderstandings.
Landlords: Keep the deposit in a separate, dedicated account to ensure transparency and avoid commingling with personal funds.
Both parties: Communicate openly about expectations and any issues before the tenancy ends to avoid last-minute disputes.

Need Expert Legal Assistance?

If you are a tenant or landlord facing challenges related to deposit withholding or any rental disputes in the Netherlands, the experienced team at Arslan Advocaten is here to help. We provide tailored advice and effective representation to protect your rights and achieve a fair outcome. Contact us today for a consultation.