Who pays damages and deposit for tenants in Netherlands
As a tenant in the Netherlands you may have questions about who pays for damage to the property and when the deposit is returned. This article clearly explains which rules apply, what damage a landlord may deduct from the deposit and what your rights are in case of dispute. We cover practical steps: documenting the condition of the property, communicating with the landlord, and when you can involve the Rent Tribunal or the subdistrict court. The explanation is aimed at ordinary tenants without a legal background and includes concrete tips to avoid unnecessary costs. At the end you will find an FAQ, a step-by-step plan to file a complaint and links to official Dutch sources.
What the law says
Rules on tenancy agreements and deposits are mainly in Book 7 of the Dutch Civil Code. Landlords and tenants both have obligations: the landlord must deliver and maintain the property in a reasonable state, and the tenant must take care of the property. Damage beyond normal wear and tear can be deducted from the deposit by the landlord.[1]
When may the landlord withhold the deposit?
A landlord may (partially) withhold the deposit for costs clearly related to extra damage or unpaid charges. Common situations include:
- Minor cosmetic wear that falls under normal use is usually the landlord's responsibility.
- Damage caused by negligence or fault (repair) can be deducted from the deposit.
- Unpaid rent or outstanding service charges (deposit) may be offset against the deposit.
- Repair costs that are not well documented can be contested by the tenant.
What can you do if you disagree?
First try to talk with the landlord to obtain evidence and a cost breakdown. Collect photos, emails and payment receipts. If negotiation fails, you can file a complaint with the Rent Tribunal for matters within its competence or go to the subdistrict court for other disputes.
FAQ
- Who pays for minor wear after normal use?
- Normal wear is the landlord's responsibility, unless the tenancy agreement states otherwise.
- How long does the landlord have to return the deposit?
- There is no fixed statutory deadline in Book 7 of the Civil Code, but many landlords process returns within a few weeks; document and request a written statement.
- Can the Rent Tribunal help with disputes over the deposit?
- The Rent Tribunal handles disputes about service charges and can also assist with deposit disputes; see procedures and forms.[2]
How-To
- Take photos at move-in and move-out and keep dates (photo).
- Write a short inventory list and keep copies of keys and correspondence.
- Send the overview to the landlord by email or registered letter and ask for confirmation.
- If you cannot agree: file a request with the Rent Tribunal or consider the subdistrict court.
Help and Support / Resources
- Rent Tribunal - information and forms
- Wetten.nl - Civil Code Book 7
- Dutch Government - tenancy law and advice
