Allowed Deductions for Tenants in the Netherlands
If you are a tenant in the Netherlands, you want to know when a landlord may deduct money from your deposit or rent payments and what your rights are regarding repairs or service charges. This article explains in plain language which deductions are usually allowed, how to file an objection and when to appeal. You will get concrete steps to challenge damage costs, overdue rent and incorrect deductions, with references to official bodies you can contact. The focus is on practical advice, evidence collection and deadlines so you can act confidently without legal jargon.
What can a landlord deduct?
A landlord may in limited cases deduct amounts, for example unpaid rent, repair costs for tenant-caused damage and unpaid service charges if stated in the contract. The legal basis for tenancy law is found in the Civil Code Book 7.[1] Deductions must be proportional and well documented: the landlord must show which costs were incurred and why they should be charged to the tenant.
Objection and appeal
Follow these steps if you disagree with a deduction: first contact the landlord, request a cost breakdown and send a written objection with evidence. If discussion fails, you can start proceedings at the Rent Tribunal for rent or service charge disputes or at the subdistrict court for other cases.[2]
- Call or speak to the landlord and request a clear specification of the deduction.
- Send a written objection with dates and supporting documents and keep a copy as evidence.
- Gather evidence: photos, invoices, communications and payment receipts.
- If necessary, file an application with the Rent Tribunal or start proceedings at the subdistrict court.
The Rent Tribunal mainly handles disputes about rent levels and service charges; other claims fall under the subdistrict court. Use official forms and follow deadlines carefully to protect your legal position.[3]
Repairs and minor maintenance
Who pays for minor maintenance depends on your lease and whether the issue is normal wear or tenant-caused damage. Small repairs are often the tenants responsibility if the contract says so, but basic habitability and essential services must be maintained by the landlord. Always record agreements in writing and keep estimates and invoices.
Frequently Asked Questions
- Can my landlord just withhold money from the deposit?
- Not arbitrarily; the landlord must demonstrate what the deduction is for and that the costs are reasonable. If in doubt, you can object or start legal proceedings.
- Can I object to service charges?
- Yes, service charges are often contestable at the Rent Tribunal, especially if specification or evidence is missing.
- What do I do if invoices are unfairly settled after handover?
- File a written objection promptly, collect evidence of the condition at handover and consider legal action if negotiation fails.
How-To
- Contact the landlord immediately and request an explanation and itemization.
- Send a written objection with relevant dates and copies of evidence.
- Collect and organize evidence: photos, invoices and payment receipts.
- If necessary, file a request with the Rent Tribunal or start a procedure at the subdistrict court.
- Follow the decision and document all steps so you can later show you acted correctly.
