Expats renting a property in the Netherlands often face higher security deposits than Dutch tenants. While Dutch tenants usually pay 1 or 2 months' deposit, expats are sometimes asked for 3 or even 6 months. This raises the question: is this permitted or is it a form of discrimination?
The tenancy law attorneys at Arslan Advocaten explain what is and is not allowed.
What does the law say about deposits and equal treatment?
In the Netherlands, the principle of equal treatment applies: landlords may not make distinctions based on nationality or origin. This means that expats may not be treated less favourably than Dutch tenants.
Permitted: a deposit of 1 to 2 months' rent for all tenants.
Not permitted: requiring expats to pay a higher deposit solely because of their nationality or residence status.
Why do landlords often ask expats for a higher deposit?
Assumed risk: landlords fear that expats will be difficult to trace after departure.
Expats' lack of awareness: many expats do not know their rights and accept an excessively high deposit.
Competition on the rental market: due to scarcity, expats sign more quickly, even under unreasonable conditions.
However: a higher deposit purely because someone is an expat can be regarded as discrimination and unjustified differentiation.
Examples from practice
Amsterdam landlord: charged Dutch tenants 1 month's deposit and expats 3 months. The court ruled this was unjustified differentiation.
Expats in The Hague: paid 4 months' deposit while Dutch tenants in the same complex paid only 2 months. The deposit was partially reclaimed.
Short-stay contract: an expat was treated unequally compared to a Dutch fellow tenant. The court found this to be in breach of the principle of equality.
What can you do as an expat?
Ask about the deposit conditions and compare them with other tenants.
Never simply pay more than 2 months' deposit.
Object to unjustified differences.
Engage a lawyer in cases of discrimination or an excessively high deposit.
Frequently asked questions (FAQ)
1. May a landlord ask expats for a higher deposit than Dutch tenants?
No, that constitutes discrimination. The deposit must be reasonable and equal for everyone.
2. How much deposit is normal in the Netherlands?
1 or 2 months' rent. Anything above that is often disproportionate.
3. What can I do if I paid more deposit than Dutch tenants?
You can reclaim the excess amount.
4. What if the landlord refuses to return the deposit?
A lawyer can start proceedings and also claim statutory interest.
Conclusion
Expats may not be disadvantaged by higher security deposits than Dutch tenants. If landlords charge expats more solely because of their status, this can be classified as discrimination.
The tenancy law attorneys at Arslan Advocaten help expats who are treated unequally and ensure their rights are protected.