Netherlands · Waarborgsom

How to get your rental deposit back in the Netherlands

Since 1 July 2023 Dutch law sets clear deadlines for returning a deposit (waarborgsom or borg). Here's what they are, what a landlord may keep, and what to do when the money doesn't arrive.

Maximum deposit

Two months' basic rent (excluding service costs) for agreements from 1 July 2023. Older agreements: up to three months.

Deadline, no deductions

14 days after the tenancy ends.

Deadline, with deductions

The rest within 30 days, with a written explanation of what was deducted and why.

Not deductible

Normal wear and tear, and damage caused by the landlord's own poor maintenance.

What your landlord can deduct

Only real costs you are responsible for: damage you caused during the tenancy, unpaid rent or service costs, and cleaning if you didn't leave the home as agreed. Normal wear from living there is not your cost.

What to do if your deposit isn't returned

1. Ask in writing

Email your landlord, give the date the tenancy ended, and refer to the 14/30-day rule in article 7:261b of the Civil Code (Burgerlijk Wetboek). Ask for payment, or for a written list of deductions.

2. Get free advice

The Juridisch Loket gives free legal advice and has model letters.

3. Claim it through the court

If the landlord still refuses, you can claim the deposit through the kantonrechter (sub-district court).

Why evidence decides these disputes

Most arguments are about whether damage was already there. The Dutch tenant organisation !WOON reports that international tenants in particular seem to be frequent victims of deposits that aren't returned. Dated photos of every room from the day you moved in, next to photos from the day you left, are the simplest way to end the argument.

• Photograph every room before you unpack: walls, floors, windows, fittings, and close-ups of existing damage.
• Ask for a written check-in report and add your own photos of anything it misses.
• At move-out, photograph the same views after cleaning, before handing over the keys.

Sources: Rijksoverheid: waarborgsom · Burgerlijk Wetboek 7:261b · IamExpat on the !WOON report. General information, not legal advice.