When renting a property, you often pay a deposit (security deposit). This amount serves as security for the landlord. However, at the end of the tenancy, disputes frequently arise: when is the landlord allowed to (partially) withhold the deposit?
The tenancy law attorneys at Arslan Advocaten explain the rules, so you know where you stand.
Legal basis: the deposit is security, not extra income
The deposit is not a payment the landlord may keep at will. The deposit must be refunded, unless there are legitimate reasons to withhold (part of) the amount.
Reasons for withholding the deposit
A landlord may withhold the deposit if there is:
Rent arrears
If you have not paid (part of) the rent.
Example: you terminate the lease without paying the final month; the landlord may offset this against the deposit.
Damage to the property
For damage you as the tenant have caused.
Examples: holes in walls, broken doors, severe stains on the carpet.
Note: normal wear and tear (such as slight discolouration of the floor or small nail holes from paintings) may not be classified as damage.
Service charges or final settlement
If it turns out you still owe service charges or utility costs.
This often only becomes apparent later; the landlord may temporarily retain or offset the deposit for this purpose.
What is the landlord not allowed to do?
Claim unjustified damage: for example, normal signs of use or wear and tear.
Costs due to the landlord's own maintenance backlog: the landlord is responsible for major maintenance.
Withhold an arbitrary amount: any withholding must always be specified and substantiated.
Examples from practice
Unjustified withholding: a landlord withheld EUR 500 for "painting work". The court ruled that the walls showed only normal signs of use and the deposit had to be refunded in full.
Partial withholding justified: a tenant returned the property with significant floor damage. The landlord was allowed to offset the repair costs against the deposit.
Service charges: after one year, it turned out the tenant still owed EUR 150 in service charges. This could be deducted from the deposit; the remainder had to be refunded.
Checklist for tenants at handover
Take clear photographs of the property at handover.
Request a written final inspection report.
Check whether damage has rightfully been attributed to you.
Have a lawyer review the situation if the withholding appears unjustified.
Frequently asked questions (FAQ)
1. How quickly must the deposit be refunded?
Within a reasonable period, usually 1 to 2 months. The landlord may not hold the deposit unnecessarily long.
2. May the landlord use the deposit for deferred maintenance?
No, maintenance is the landlord's responsibility. Only damage caused by the tenant counts.
3. What if I disagree with the withholding?
Request an itemised overview. If the withholding is unjustified, you can reclaim the deposit through the court.
4. May the landlord withhold the entire deposit?
Only if the damage or rent arrears are at least equal to the deposit amount. Otherwise, part must be refunded.
Conclusion
A landlord may not simply keep the deposit. Only in cases of rent arrears, tenant-caused damage, or outstanding service charges may the deposit be (partially) withheld.
Do you have doubts about whether the withholding is justified? The tenancy law attorneys at Arslan Advocaten are ready to help you reclaim your deposit.