How do I get my deposit back after the end of the rental agreement?

What does the law say?

Section 7:261 of the Dutch Civil Code governs the security deposit in residential tenancy agreements (check this section on wetten.nl for the most up-to-date version). The landlord may retain the deposit if there is demonstrable damage exceeding normal wear and tear. The remainder must be refunded.

Section 7:224 of the Dutch Civil Code governs the condition of the property upon handover (check this section on wetten.nl for the most up-to-date version). As a tenant, you must return the property in the same condition as you received it – minus normal wear and tear. Can you prove that you left the property in good condition? Then the landlord has no grounds to withhold the deposit.

Is the landlord late in repaying the deposit? Then you are entitled to statutory interest. Article 6:119 of the Dutch Civil Code stipulates that the debtor owes statutory interest as soon as they are in default (check this article on wetten.nl for the most up-to-date version).

When does this apply to you?

You are entitled to a refund if:

Your tenancy agreement has ended
You have handed back the keys
You have handed over the property in good condition
There are no outstanding rent payments

The landlord may withhold (part of) the deposit if:

There is demonstrable damage beyond normal wear and tear
You have accumulated rent arrears
There are other costs that are contractually agreed

What is normal wear and tear?

Normal wear and tear is damage caused by the ordinary use of the property. Examples include: slight discolouration of walls, small holes from pictures or minor scratches on the floor. The landlord cannot claim this from you. Walls that are genuinely damaged, large stains or broken tiles do not fall under this category – that is actual damage.

How much time does the landlord have?

Normally, the landlord has 14 days to refund the deposit after the end of the tenancy agreement. If they take longer without a valid reason, they are in default and you can claim statutory interest.

Step-by-step guide – what can you do now?

Ask for a joint final inspection. Arrange an inspection with your landlord before or on your moving-out day. Have an inspection report drawn up. Only sign it if you agree with the contents.
Hand over the keys with proof. Do not return the keys without written confirmation. An email or photo with the date is sufficient proof.
Wait for the 14 days to pass. Your landlord normally has 14 days to pay or to notify you in writing of any costs they wish to deduct.
Send a reminder if the deposit is not returned. Send an email or letter. Set a clear payment deadline of 14 days. State that you will claim statutory interest if payment is not made.
Ask for a detailed breakdown if they make deductions. “Paintwork €600” without explanation is not a valid reason. Ask for a detailed statement with quotes or invoices.
Dispute any unjustified deductions in writing. Refer to the inspection report. Specify what constitutes normal wear and tear. Keep all correspondence.
Seek help if things get stuck. The Rent Tribunal can mediate. A lawyer on Claim.Cafe can tell you how strong your case is.

Common mistakes

Mistake 1: Not having a final inspection carried out. Without a final inspection report, it is very difficult to prove the condition in which you left the property. The landlord can then more easily claim for damage that was already there before you moved in. Always draw up a report – even if your landlord says it isn’t necessary.

Mistake 2: Handing in keys without confirmation. Never hand in the keys without written proof of the date and condition of the property. A simple email stating “I hereby confirm that I have handed in the keys today” is sufficient.

Mistake 3: Accepting vague cost estimates. Landlords sometimes charge vague or excessive costs. “Cleaning €300” without further explanation is no reason to pay. Always ask for an itemised invoice and compare it with standard market rates.

Mistake 4: Waiting too long to take action. Don’t wait months if your deposit hasn’t been returned. The longer you wait, the harder it becomes to prove your case. Send a reminder within two weeks if nothing has been refunded.

Mistake 5: Not knowing what constitutes normal wear and tear. Many tenants pay for damage that is simply normal wear and tear. A landlord cannot pass on the costs of normal wear and tear to you. Know your rights before agreeing to any deductions.

Frequently asked questions

How long does the landlord have to refund the deposit?

Normally, the landlord has 14 days after the end of the tenancy agreement. If they take longer without a valid reason, they are in default and you are entitled to statutory interest on the outstanding amount.

Can the landlord deduct the deposit for painting?

Only if it concerns actual damage that goes beyond normal wear and tear. Slight discolouration or small holes are normal wear and tear – they cannot be deducted. Are there large stains or damaged walls? In that case, they may deduct part of the costs, but they must provide a breakdown to justify this.

Can I claim statutory interest if my deposit is returned late?

Yes. As soon as the landlord is in default, you are entitled to statutory interest on the outstanding amount. First, send a reminder with a clear payment date. If they still do not pay after that, interest will accrue.

What should I do if the landlord claims damage that I did not cause?

Ask for proof. The landlord must demonstrate that the damage was caused by you and exceeds normal wear and tear. Refer to the inspection report at the start of the tenancy, if one exists. Without proof, their case is weak.

What if I don’t have an inspection report at the start of the tenancy?

Then there is no baseline against which to compare the condition of the property. In that case, the starting point is that the property was in good condition at the start. Did you take photos when you moved in? Those will then be your most important evidence.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Article 7:261 of the Dutch Civil Code – security deposit for residential tenancy agreements
Article 7:224 of the Dutch Civil Code – condition of the residential property at the end of the tenancy agreement
Article 6:119 of the Dutch Civil Code – statutory interest in the event of default
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for other provisions regarding handover and damage