Many expats return to their home country or move to a new destination after their stay in the Netherlands. Unfortunately, it often happens that they do not receive their deposit (security deposit) back, or only partially. Landlords count on the fact that expats will not take action once they have left. However, you can also reclaim your deposit from abroad.
The tenancy law attorneys at Arslan Advocaten explain how this works and what steps you can take.
Why expats often do not get their deposit back
Distance and ignorance — landlords assume that expats will no longer take legal steps from abroad.
Unjustified damage claims — costs for normal wear and tear are presented as damage.
No communication — landlords stop responding once the expat has departed.
Excessive cleaning costs — landlords sometimes withhold hundreds of euros without invoices.
Your rights as an expat
The deposit may only be withheld for:
rent arrears,
damage beyond normal wear and tear,
outstanding service charges.
Withholding is not permitted for:
normal signs of use (for example, discoloured walls or small nail holes),
fictitious costs without evidence,
arbitrary amounts without substantiation.
How can you reclaim the deposit from abroad?
Submit a written request
Send the landlord a letter or e-mail requesting repayment of the deposit, including a deadline (e.g., 14 days).Enclose evidence
Attach photographs, a final inspection report, and proof of rent payments.Engage a lawyer
If the landlord does not pay, a lawyer in the Netherlands can send a formal demand or start proceedings. You do not need to be present in the Netherlands for this.Start proceedings
If necessary, the deposit plus statutory interest can be claimed through the Dutch courts.
Examples from practice
Expats from Spain did not receive their deposit back after leaving Rotterdam. Through legal proceedings, the full deposit plus interest was awarded.
An expat from India did not receive his deposit back because the landlord considered the walls needed repainting. The court ruled that this was normal wear and tear.
An expat couple that returned to the US received nothing back. Our lawyers ensured they still received their deposit through court proceedings.
Checklist for expats after departure
Ensure you have photographs and videos of the property.
Always request a final inspection report.
Keep written communication with the landlord.
Contact a lawyer if the landlord refuses to pay back.
Frequently asked questions (FAQ)
1. Can I reclaim my deposit if I have already left the Netherlands?
Yes, you can. A Dutch lawyer can do this on your behalf.
2. Do I need to return to the Netherlands for a court case?
No, you can authorise your lawyer to act on your behalf.
3. How much time do I have to reclaim my deposit?
The claim does not become time-barred until after 5 years. You therefore have ample time.
4. Can I also claim statutory interest?
Yes, if the landlord returns the deposit late or unjustly fails to return it.
Conclusion
Expats do not have to leave their deposit behind after departing the Netherlands. You can also reclaim the deposit from abroad — often without having to return in person.
The tenancy law attorneys at Arslan Advocaten specialise in expat matters and ensure you receive your deposit back, including interest.