Renting a home in the Netherlands as an expat can be both exciting and challenging. The housing market is tight, contracts are often drafted in Dutch and the rules surrounding the security deposit (borg) are not always clear. With this practical checklist, you will know exactly what to look out for before you sign.
The tenancy law attorneys at Arslan Advocaten have extensive experience with expat cases and share their key tips.
Checklist: tenancy agreement and deposit for expats
1. How much deposit is being requested?
Standard is 1 or 2 months' rent.
3 or more months' deposit is often excessive and can be challenged legally.
Compare with what Dutch tenants pay to avoid discrimination.
2. Does the contract contain provisions on the deposit?
Check whether there is a clause on repayment of the deposit.
Ensure that the contract specifies within what period the deposit must be returned (usually 1 month).
Request an English-language version of the contract.
3. Are there additional or hidden costs?
Watch out for "cleaning costs" or "administration fees". These may not simply be deducted.
Always request an itemised breakdown.
4. Is the property in good condition?
Take photographs and videos of the property at move-in.
Record any existing defects in an inspection report.
Also arrange a final inspection at move-out.
5. May the deposit be used for the last month's rent?
No, this is only permitted if it is explicitly stated in the contract.
Therefore, always pay rent until the end of the contract.
6. What about temporary contracts or short stays?
The same deposit rules apply in those cases as well.
Be extra vigilant with short-stay and expat contracts, as higher deposits are more commonly requested.
Practical examples
Expat in Utrecht: paid 3 months' deposit. The court ruled this was excessive and that only 2 months was reasonable.
Expats in The Hague: did not receive their deposit back due to alleged cleaning costs. The landlord could not substantiate this; the deposit was recovered.
International student: assumed the deposit covered the last month's rent. He received a summons for rent arrears.
Frequently asked questions (FAQ)
1. How much deposit is normal in the Netherlands?
1 or 2 months' rent. Anything above that is often excessive.
2. Within what period must the deposit be returned?
Usually within 1 month after departure, unless there are justified deductions.
3. What can I do if I do not get my deposit back?
You can submit a written complaint and, if necessary, engage a lawyer.
4. Do I have the same rights as Dutch tenants?
Yes, expats are subject to the same tenancy rules. Discrimination is not permitted.
Conclusion
Expats often face additional risks when renting a home in the Netherlands. With this checklist, you can prevent problems and know what to look out for regarding the deposit and the tenancy agreement.
The tenancy law attorneys at Arslan Advocaten assist expats in disputes concerning deposits, tenancy agreements and unjustified deductions.