Deposit and Damage: Tenants' Rights in the Netherlands
As a tenant in the Netherlands, it is important to know exactly what your rights are regarding the security deposit (deposit) and damage to the property. This guide explains in plain language when a landlord may deduct costs from the deposit, which pieces of evidence you need and which timeframes apply for repayment. We also explain what steps you can take if you disagree with deductions, how to organize documentation such as photos and payment receipts, and when to seek help from the Rent Assessment Committee or the subdistrict court. With practical tips on inspections, final settlements and communication, this article helps you protect your money and housing rights without legal jargon.
What may your landlord deduct?
A landlord may only deduct reasonable and demonstrable costs from the deposit. That means the costs must be related to real damage or outstanding rent and the landlord must show proof of incurred costs and invoices.[1]
- Deposit deductions for outstanding rent or unpaid service charges.
- Repair costs for damage caused by the tenant (repair) when demonstrable.
- Cleaning costs only if the property is demonstrably not left in normal condition.
- No deductions for normal wear and tear or maintenance obligations.
Keep all payment receipts and communication as evidence.
Evidence and documentation
Well-documented evidence increases your chance of a successful claim for repayment or an objection. At handover, take clear photos and a list of any defects, and send a short email to the landlord with the date and description.
- Photos of the condition of all rooms and attachments at handover (photo, document).
- Keep bank statements and payment receipts for payments (deposit, receipt).
- Keep emails and letters with agreements and repair requests (document).
Detailed documentation increases your chances in a dispute.
Procedure in case of dispute
If you disagree with the deposit deduction, notify the landlord in writing and request a specification of costs and proof. If consultation does not help, you can file a complaint with the Rent Assessment Committee or go to the subdistrict court, depending on the subject and available procedural routes.[2][3]
- First submit a written request for explanation and specification to the landlord.
- Seek advice from a tenants' association or contact the Rent Assessment Committee for procedural information.
Respond within stated deadlines to avoid losing your rights.
Frequently Asked Questions
- How quickly must the deposit be returned?
- The law does not prescribe a fixed short term, but the deposit must be returned within a reasonable period after both parties have agreed on the final settlement or a dispute has begun.[1]
- What costs may the landlord deduct?
- Only demonstrable costs for damage beyond normal wear and tear or outstanding rent and unpaid bills; the landlord must provide evidence.
- What can I do if I disagree with deductions?
- Request a breakdown, gather evidence and file a formal objection. Consider the Rent Assessment Committee or the subdistrict court if mediation or a decision is needed.[2]
How-To
- Check the condition and take photos immediately when leaving the property.
- Keep payment receipts for rent and deposit and note dates.
- Request a specification from the landlord in writing if deductions are made.
- Contact the Rent Assessment Committee or legal advice if you cannot resolve the issue.
Help and Support / Resources
- Wetten.nl - Burgerlijk Wetboek Boek 7
- Huurcommissie - information and forms
- Government.nl - guidance for tenants
