How long can a landlord withhold the deposit after leaving?

What does the law say?

A landlord must refund your deposit within a reasonable period after the end of the tenancy agreement. In practice, 14 days is normally considered a reasonable period. If they pay later – or not at all – they are in default and statutory interest will accrue.

Section 7:261 of the Dutch Civil Code governs the security deposit in tenancy agreements for residential property (check this section on wetten.nl for the most up-to-date version). The landlord may use the deposit to offset damage exceeding normal wear and tear, or to cover any rent arrears. They must refund the remainder.

Section 6:119 of the Dutch Civil Code stipulates that you are entitled to statutory interest as soon as the landlord is in default (check this section on wetten.nl for the most up-to-date version). Default occurs as soon as the landlord has exceeded the reasonable repayment period without valid reason. Interest then accrues automatically until he repays the amount.

For the exact definition of the repayment period, the law refers to the concept of a ‘reasonable period’ under general contract law. See Book 6 of the Dutch Civil Code for the provisions on default and performance. In practice, the 14-day period is the widely accepted standard – the Rent Assessment Committee also bases its decisions on this.

When does the period start and when does this apply to you?

When does the 14-day period start?

The period begins when two things have happened simultaneously:

The tenancy agreement has formally ended
You have handed over the keys

Are you returning the keys two weeks after the end date? Then the period only starts at that point. Are you returning them earlier? Then the clock starts ticking from the day the keys are handed over.

What if the landlord says they want to deduct costs for damage?

A landlord may deduct damages from the deposit – but they must notify you of this in good time and provide evidence. They cannot wait indefinitely under the pretext of ‘investigating the damage’. If they have not contacted you within 14 days, they no longer have a valid excuse to withhold the deposit.

If they notify you within 14 days that they wish to deduct costs, they must send a detailed statement shortly afterwards. Vague statements such as “there is damage, I’ll have it looked at” are not valid reasons for retaining the deposit indefinitely.

What if the final inspection has been delayed or is still ongoing?

An ongoing final inspection may slightly extend the deadline – but the landlord may not drag this out indefinitely. Is the final inspection taking weeks or months? Then this constitutes an unreasonable delay. The landlord remains responsible for ensuring a prompt resolution.

How long do you have to claim your deposit back?

You do not have an indefinite amount of time to claim your deposit back. In the Netherlands, a limitation period applies to claims of this kind. If you wait too long to take action, your right to claim your deposit back may lapse. See Book 3 of the Dutch Civil Code for the provisions on the limitation of claims. It is advisable to act within a year of moving out.

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

Confirm the date of key handover in writing. Send an email to your landlord immediately after returning the keys. “I hereby confirm that I returned the keys on [date].” This marks the start of the limitation period.
Wait 14 days after the handover of the keys. Give the landlord time to respond. If, after 14 days, nothing has been refunded and there is no written justification for any deductions, then they are in default.
Send a reminder with a payment deadline. Send an email or a registered letter. State the amount you expect to be refunded. Set a new payment deadline of 14 days. State that you are claiming statutory interest from the day after the original deadline.
In the case of partial deductions, ask for a detailed breakdown. Does the landlord wish to offset any amounts? Request a detailed breakdown in writing, accompanied by invoices or quotes. “There is damage” is not a valid statement.
Calculate the statutory interest. Statutory interest runs from the moment of default. You can find the current interest rate on rijksoverheid.nl. State in your reminder that you are also claiming interest.
Take legal action in persistent cases. Is the landlord still not paying after the reminder? Then you can take the matter to the small claims court. Claims under €25,000 are handled by the small claims court. You do not need a solicitor for small claims.
Seek advice from a legal professional. Are you unsure about your position or do you want a strong demand letter? A legal professional on Claim.Cafe can provide you with quick and practical help.

Common mistakes

Mistake 1: Only sending a reminder when it is already weeks or months overdue. The longer you wait, the more difficult it becomes. The landlord may claim that they could not reach you or that the damage still needed to be assessed. Send your reminder immediately after the 14 days have elapsed.

Mistake 2: Not having proof of the date the keys were handed over. Without proof, it is difficult to establish when the period began. Always hand over keys with written confirmation – an email or receipt will suffice.

Mistake 3: Settling for a vague promise. “I’ll get back to you soon” or “I’ll look into it” is not a valid reason to withhold the deposit. Hold the landlord to specific deadlines and confirm everything in writing.

Mistake 4: Forgetting to claim statutory interest. Many tenants are happy when the deposit is finally returned and forget that they were also entitled to statutory interest for the period of delay. State explicitly in every reminder that you are also claiming interest.

Mistake 5: Waiting too long, causing the claim to lapse. You do not have unlimited time to reclaim the deposit. If you wait too long, your claim may lapse. Take action preferably within a year of moving out – and at the very latest before the end of the limitation period.

Frequently asked questions

Does the landlord always have to refund the deposit within 14 days?

In practice, 14 days is the generally accepted reasonable period. The law does not specify an exact number of days, but refers to a ‘reasonable period’. If the landlord exceeds this period without a valid reason, they are in default and you are entitled to statutory interest.

Can the landlord withhold the deposit for longer if there is damage?

They may withhold part of the deposit if there is demonstrable damage beyond normal wear and tear. However, they must report this in good time and provide a detailed statement promptly. They may not hold onto the deposit indefinitely under the pretext of ‘investigating damage’.

When does statutory interest start to accrue if the landlord pays late?

Statutory interest accrues from the moment the landlord is in default – i.e. as soon as the reasonable repayment period has expired without payment or valid justification. Do send a reminder to formally establish the default.

Can I take legal action if the landlord does not refund the deposit?

Yes. For claims up to €25,000, you can take the matter to the small claims court without a solicitor. You must file a summons or a petition. The court may order the landlord to repay the deposit, including statutory interest and legal costs.

How long do I have to claim the deposit back through the courts?

A limitation period applies to this type of contractual claim. See Book 3 of the Dutch Civil Code for the exact provisions. In any case, take action well before the end of that period. Are you unsure? Ask a legal professional whether your claim is still valid.

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 in a residential tenancy agreement
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 6 of the Dutch Civil Code for the provisions on default, performance and reasonable time
See also Book 3 of the Dutch Civil Code for the provisions on the limitation period for claims