Most tenancy-contracts oblige tenants to pay a deposit before entering. A large sum, which usually amounts to about one to three monthly rental payments.[1] After yielding the property empty in good order, this money should be refunded. Sometimes landlords refuse or ‘forget’ to do this, while the tenant did not cause any damage or other losses. What remedies are there to collect the rental deposit back?

Applicable law

Dutch law does not provide a term for refunding of a rental deposit. This is however often stipulated in the contract or the applicable terms and conditions. A common used term is 14 days after returning the keys. When no term for refunding is agreed upon, it is possible to serve the landlord with a notification in writing. After this a reminder is necessary. It should not be forgotten to mention collection costs. We can help you with this.

In case the notification with a reminder remains without effect, a legal procedure can be initiated at the court or, in some cases, the Huurcommissie.

Lawyer for collection your rental deposit

Let us help you receive your deposit back, in a quick manner. Mail with our tenancy-law expert m.benistant@amice-advocaten.nl or call us on 030 – 2300 230.

[1] Some landlords charge too much. When renting a house the amount asked cannot lead to an ‘unreasonable advantage’ for the landlord, ex article 7:264 BW. Rental-deposits of four, respectively six months were declared void by the courts in the cases of Rb. Amsterdam 4 maart 2019, ECLI:NL:RBAMS:2019:1490, WR 2019/82 and Rb. Noord-Holland 5 augustus 2015, ECLI:NL:RBNHO:2015:6660.