Expats renting a home in the Netherlands will almost always encounter a security deposit (borg). Unfortunately, it frequently happens that expats pay too much deposit or do not receive their deposit back (in full). Because expats often depend on temporary accommodation and are unfamiliar with Dutch legislation, they are particularly vulnerable.
The tenancy law attorneys at Arslan Advocaten explain what expats should be aware of and how they can protect their rights.
How much deposit may landlords charge expats?
In the Netherlands, there is no fixed maximum for the deposit, but the deposit must be reasonable.
Standard: 1 to 2 months' rent.
Expats: landlords often request 3 or even 6 months' deposit, sometimes unjustifiably.
A deposit exceeding 2 months is usually excessive and can be challenged.
Why expats are often disadvantaged
Unfamiliarity with Dutch rules -- expats often do not know that 1 or 2 months' deposit is customary.
Dependence on rapid housing -- many expats accept a high deposit to secure accommodation quickly.
Language barrier -- contracts are often drafted only in Dutch.
Distance after departure -- landlords count on expats not pursuing a procedure after leaving the Netherlands.
When may the landlord withhold the deposit?
As with other tenants, the deposit may only be withheld for:
Rent arrears.
Damage to the property (not normal wear and tear).
Outstanding service charges or utilities.
Unjustified grounds include:
Withholding for normal wear and tear (e.g. signs of use).
Withholding for fictitious costs without invoices.
Refusing repayment once the expat has departed.
Practical examples
Excessive deposit for an expat: an expat in Amsterdam was required to pay 4 months' deposit. The court ruled this was unreasonable and ordered the landlord to refund a substantial portion.
Unjustified damage claim: an expat did not receive his deposit back because the landlord claimed the walls needed repainting. This turned out to be normal wear and tear; the deposit was recovered.
Unreturned deposit after departure: an expat returned to his home country and heard nothing more from the landlord. With our assistance, he recovered his deposit plus interest.
Checklist for expats renting in the Netherlands
Check that the deposit does not exceed 2 months' rent.
Request an English-language tenancy agreement or have it translated.
Take photographs at move-in and at move-out.
Request a final inspection report.
Engage a lawyer if the deposit is unjustifiably withheld.
Frequently asked questions (FAQ)
1. May a landlord charge expats a higher deposit than Dutch tenants?
No, discrimination on the basis of nationality is prohibited. The deposit must be reasonable for everyone.
2. What if I have already left the Netherlands and cannot get my deposit back?
You can also initiate proceedings from abroad with the assistance of a Dutch lawyer.
3. Can I reclaim my deposit if the landlord does not respond?
Yes, through a formal demand letter and -- if necessary -- court proceedings.
4. How can I prevent problems with the deposit?
Document everything in writing, take photographs and have contracts reviewed before you sign.
Conclusion
Expats face additional risks with excessive deposits and unjustified deductions. Fortunately, Dutch tenancy law provides protection. Are you being disadvantaged as an expat? The tenancy law attorneys at Arslan Advocaten will help you recover your deposit and protect your rights.