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I Want To Rent A House. Can My Landlord Ask For A Deposit - Rijksoverheid - NL

This document provides information about rental deposits in the Netherlands. It explains that landlords are allowed to charge a deposit of up to two months rent and outlines the landlord and tenant's responsibilities regarding paying and repaying the deposit. It also discusses what to do if a landlord charges too high of a deposit or refuses to repay the deposit after the rental ends.
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0% found this document useful (0 votes)
31 views2 pages

I Want To Rent A House. Can My Landlord Ask For A Deposit - Rijksoverheid - NL

This document provides information about rental deposits in the Netherlands. It explains that landlords are allowed to charge a deposit of up to two months rent and outlines the landlord and tenant's responsibilities regarding paying and repaying the deposit. It also discusses what to do if a landlord charges too high of a deposit or refuses to repay the deposit after the rental ends.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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National government

I want to rent a house. Can my landlord ask for a deposit?


Yes, the landlord may request a deposit (also called a deposit). From July 1, 2023, the
deposit may be a maximum of two months' basic rent. For contracts concluded before July
1, 2023, this may be a maximum of three months of basic rent. The judge decided that.

Provide proof of payment


Ask for a receipt or proof of payment of the deposit. Or pay the deposit via a transfer from your bank. You can then
later prove that you have paid a deposit. And how high the amount was.

Deposit gives landlord security


A deposit gives the landlord certainty that he will not be left with unpaid rent at the end of the lease. Or with costs
for repairing damage to the home caused by the tenant. Because the landlord may use (part of) the deposit to
compensate unpaid rent or damage caused by you.

It is also possible that the tenant has not left the property tidy or as agreed. And that the landlord then has to incur
costs to make the property tidy for the next tenant. In that case, the landlord may deduct the costs incurred from
the deposit before repaying it. But please note: this does not apply to normal wear and tear and damage resulting
from poor maintenance in which he himself has been negligent.

Deposit too high: refuse, or go to the municipality or judge


If the landlord asks for too high a deposit, you can do 3 things:

1. You can refuse to pay the deposit. Please keep in mind that you will not get the house.
2. You can pay the deposit and report this to the municipality afterwards. The municipality can impose a fine on
the landlord. It is then not certain that you will receive the excess amount back.
3. You can pay the deposit and afterwards ask the judge to reduce the deposit. If the judge reduces the deposit,
the landlord must repay the excess amount you paid.

Landlord must repay the deposit after the end of the lease
The landlord must return the deposit to you within 14 days after the end of the rental. He does not have to pay you
any interest on the deposit.

The landlord may deduct some costs from the deposit


The landlord may only deduct the following 4 costs from the deposit:
Rent due
Service charge
Damage to the rental property that is the responsibility of the tenant
Energy performance fee

Other costs, such as administration costs, may not be offset against the deposit. If the deposit is deducted, you will
receive the remaining amount back within 30 days after termination of the rental.

The landlord is obliged to inform you as a tenant in writing about a settlement of the deposit. For this he must
send you a complete cost breakdown.

If the landlord does not refund the deposit


Does the landlord refuse to refund the deposit after the end of the lease? Then write a letter in which you request
the deposit back. You can  use the sample letter on the Het Juridisch Loket website for this . You can also use this
letter if the landlord has deducted too high an amount when repaying the deposit. Does the landlord still refuse?
Then ask for the money back through the court.

Make good agreements about the delivery of the home


As a tenant, you can take a number of steps to prevent the landlord from wrongfully withholding your deposit.
Before the end of the lease, ask how you should hand over the property. And make sure that the landlord writes as
complete a report as possible about the condition of the home when the home is delivered. It helps if you are
present during the delivery of the home. Check afterwards whether a date, name and signature are noted on the
report.

Does the landlord or property supervisor not prepare a report prior to delivery? Then take photos of the home
yourself and write down any defects on paper. Send your photos and description to the landlord well before
delivery.

Legal Desk: advice on deposits and delivery


For free legal advice about deposits, delivering the rental property and requesting money back through the courts,
you can go to  Het Juridisch Loket .

Responsible

 Ministry of the Interior and Kingdom Relations

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