When renting a home you often pay adeposit(deposit). The deposit provides the landlord with security in the event of damage or unpaid rent. But what if you don't get the deposit back? In this article you can readwhat is allowed,what is notandwhat stepsyou can take immediately.
What is a deposit?
The deposit is the amount you pay at the start of the rental contract. The landlord may use this to offsetactual damageorarrears. In practice, the rule of thumb is: a maximum oftwice the basic monthly rent, unless otherwise agreed. Since July 1, 2023, stricter rules apply to protect tenants and against excessive deposit amounts.
Maximum amount of the deposit (since July 1, 2023)
The legislator wants to protect tenants against excessively high deposits. That is why in practice the standardis a maximum of two months basic rent. Does your contract state a higher amount? Then you can requestreductionand reclaim (overpaid) deposit. Always check the exact amount in your contract.
Deposit too high: what can you do?
- Check the contract.Note the deposit amount and the substantiation.
- Request correction.Request the landlord in writing for a reduction to the reasonable maximum.
- Reclaim the excess.If this is not possible in consultation, legally requestreimbursementof the surplus.
Is a deposit required by law?
No. A deposit is not required. Landlord and tenant make agreements about this. If a deposit is requested, the amountshould be reasonable.Older contracts (before August 1, 2003)
Different principles applied to older contracts. It was often assumed that you received the home in
good conditionat the time. You return the property in the same condition at the end of the rental,except for normal wear and tear. The landlord may settle demonstrable damage, but not maintenance costs that are his responsibility.When must the landlord return the deposit?
In practice:
14 days
- after the end of the rental if there is no damage or arrears;30 days
- upon settlement of demonstrable costs (with specification).Always make a
final inspectionand record agreementsin writing. This way you avoid discussion.Avoid discussion: recording statement and inspection
Create a
recording statementwith photos at the start. Repeat this at the final inspection. This determines the condition in which you received and delivered the home. This reduces the risk of incorrect deductions.Can the landlord withhold the deposit?
Only in the case of
demonstrable damage,rent arrearsorin accordance with agreementsin the contract. The landlord must concretely substantiate thisand specify it. If there is no proper substantiation, you should get the deposit back.Will you get the chance to recover yourself?Yes. If the landlord discovers defects, he must give you a
realistic chance of repair
. If you repair in a timely and proper manner, there will be no deduction for those points. If you are not given a chance, only a reasonable material costis defensible, not third party labor costs.Normal wear and tear versus damageNormal wear and tear is part of living and isnot damage
. Examples of normal wear and tear:
small scratches or dents in the floor;slight discolouration due to sunlight;small holes in paintings (if neatly repaired).
- No normal wear
- (so there is damage):
- burn marks on countertop or floor;
deep scratches or dents that you could have prevented;damage due to incorrect or aggressive use.
- No recording state? Proof lies with the landlord
- . There is no
- .
Geen opnamestaat? Bewijs ligt bij de verhuurder
Is er geenrecording sheet made at the start? Then the landlord has a heavier burden of proof. He must prove that you left the homein a worse conditionthan you received it. If that does not work, you should get the depositback in full.
Are you not getting a deposit back? This is your step-by-step plan
- Check your contract.Pay attention to deposit amount, term and agreements.
- Send a written request.Request payment within 14 days (registered mail).
- Send a notice of default.Give 14 more days and announce next steps.
- Rent committee or judge.Depending on the dispute, you can go to the Rent Assessment Committee or the subdistrict court judge.
Interest on the deposit
Interest is not automaticallydue. Interest can only come into the picture if it is stated in the contract or if the delay is unreasonable. Check your agreement.When do you seek legal assistance?
Are you unsure about the withholding? Or does the landlord not respond? Then it is wise to seek
legal advice. We assess your position, write the right letters and initiate proceedings where necessary.Deposit not (fully) refunded?
Contact
Arslan Advocaten. We provide a fast and robust approach, so that you get what you are entitled to.Frequently Asked Questions
What is the usual maximum deposit?
As a rule of thumb, a maximum of
is twice the basic monthly rent. Higher? Request a reduction and refund of the surplus.When does the landlord have to pay back?
Usually within
14 daysafter end of rental. With settlement and specification: no later than30 days.Can the landlord deduct normal wear and tear?
No. Normal wear and tear is the responsibility of the lessor. He may only settle
demonstrable damageorarrears. mag hij verrekenen.