When you rent a home, it is very common for the landlord to ask for a deposit. This amount serves as security for the landlord, for example in the event of damage to the home or rent arrears. As soon as you cancel the rental and return the property without defects, you should get the deposit back.
When the rental ends, you naturally want your deposit back as quickly as possible. Yet conflicts often arise about this. Some landlords pay back the deposit too late or withhold an amount for no apparent reason.
In this blog, the tenancy law lawyers of Arslan Advocaten explain what you should pay attention to in order to get your deposit back without any problems.
When must the deposit be refunded?
The deposit must be refunded after the end of the rental agreement, unless there is a valid reason to withhold (part of) the amount.
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Term: usually within 1 to 2 months after delivery.
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Exception: The landlord may retain (partially) the deposit for the final settlement of service costs or utilities, but must substantiate this.
How can you cancel your rental agreement?
Do you want to stop renting or renting out? Terminating a rental agreement is possible for both tenant and landlord, but is subject to certain rules. There are several ways you can go about this:- Cancellation by the tenant: You can cancel most rental contracts in writing. Pay close attention to the notice period, which is often one month, unless otherwise agreed.
- Cancellation by the landlord: The landlord can also cancel, but must adhere to legal requirements and grounds for termination, such as urgent personal use or rent arrears. There is often a longer notice period for the landlord.
- Termination by mutual agreement: Sometimes the parties choose to terminate the contract jointly and by mutual agreement. Always record agreements made in writing to avoid misunderstandings.
Refund Conditions
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The house has been completed correctly
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Empty and clean.
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No damage caused by the tenant.
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All rent has been paid
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No outstanding rental periods.
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Final service charge statement
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Only the actual final settlement may be settled.
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Common problems
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No response from landlord: the deposit remains “hanging” without explanation.
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Wrongful damage claims: the landlord withholds the deposit due to normal wear and tear.
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Late payment: the deposit will only be refunded after many months.
Practical examples
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Late refund: A landlord held the deposit for more than 6 months without reason. We ensured that the tenant received his deposit plus statutory interest.
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Normal wear and tear vs. damage:A landlord withheld €800 for repainting. The judge ruled that this fell under normal wear and tear; the deposit was refunded.
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Service costs settlement: the landlord withheld € 200 for expected service costs. The judge decided that this was only allowed after an actual final settlement.
What can you do as a tenant?
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📑 Ask for a final inspection report – this will avoid discussions.
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📷 Take photos upon departure – prove how you left the property.
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✉️ Send a written demand if the deposit is not returned on time.
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⚖️ Start a procedure with the help of a rental law lawyer if the landlord continues to refuse.
Steps if you don't get your deposit back
- Submit written request After returning the keys, ask the landlord in writing to refund the deposit within a reasonable period of time. Does your rental agreement have a specific term? Then stick to it. If not, a period of 14 days after delivery is usual.
- Send reminder Has the agreed term expired and you still have not received a deposit? Then send a written reminder. Provide a new payment term of 14 days after receipt of the letter and clearly state what costs the landlord risks if you have to engage a collection agency or bailiff. You can easily request these costs from a bailiff's office. According to the Debt Collection Costs Actyou must mention these costs in your reminder.
- Engage a debt collection agency or bailiff Is payment still outstanding after the reminder? Then you can engage a collection agency or bailiff and hand over the claim.
What do you put in a reminder letter to the landlord?
Has the agreed term passed and the deposit is not received? Then send your landlord an official reminder letter. Be sure to include the following points:- New, reasonable payment term: For example, set a final payment date of 14 days after receipt of your letter.
- Mention possible additional costs: Indicate in advance that you will charge costs if a collection agency or bailiff needs to be engaged to recover the deposit. Please also state which costs exactly apply. You can request these amounts from a bailiff; this is according to the Debt Collection Costs Act.
- Business and clear: Keep the tone friendly but firm, and include your contact details so the host can respond easily.
Which costs can you report when engaging a bailiff or collection agency?
If the landlord still refuses to refund the deposit after your written request, you may inform him of the costs that will arise if you take further steps. In your reminder, clearly state which collection costs or bailiff costs you will recover if payment is not made.- Collection costs: You may indicate the statutory collection costs that the landlord becomes liable to pay in the event of late payment. The amount varies per outstanding amount, but these rates are laid down in the Collection Costs Act (WIK).
- Bailiff costs: If you engage a bailiff, the costs incurred for official actions (such as issuing a summons) may be charged, within the legal limits. You can find these rates at, for example, theRoyal Professional Organization of Bailiffs.
- Interest: You can also indicate that you will demand the statutory interest on the late payment.
Frequently asked questions (FAQ)
1. How long can the landlord keep the deposit?
Maximum a reasonable period, usually 1 to 2 months. Only in case of service costs this is sometimes allowed longer.
It is normal for the landlord to ask for a deposit when renting a home. As soon as you cancel the rental and return the property without defects, you are entitled to a refund of the deposit. How quickly you will get this amount back is not legally specified. There is often a term for this in your rental agreement or in the general terms and conditions. Is nothing mentioned? Then there is no fixed payment term, but a period of 1 to 2 months is usually considered reasonable.
What to do if the deposit is not returned on time?- Request a refund of the deposit: After you have returned the keys, ask the landlord in writing to refund the deposit within the agreed or reasonable period (for example 14 days after delivery).
- Send a reminder: Has the landlord still not paid after this period? Then send a written reminder with a new payment term of 14 days. Also mention the possible costs if you have to engage a collection agency or bailiff.
- Have it taken care of: Is the landlord still not responding? Then you can call in a collection agency or bailiff to get the deposit back.
2. Can I claim interest on my deposit?
Yes, if the deposit is repaid too late, you can claim the statutory interest.
3. What if my landlord does not pay back?
Send a demand and start proceedings if necessary. With a lawyer there is a good chance that you will get your deposit back.
4. Can I offset my last month's rent against the deposit?
In principle not, unless this has been expressly agreed in the rental agreement.
Conclusion
The deposit should simply be refunded after the end of the rental. The landlord may only withhold (part of) in the event of damage, rent arrears or service costs. Is your deposit wrongly withheld or paid late? Then you can take legal action.
The tenancy law lawyers of Arslan Advocaten will help you get your deposit back quickly and in full.