Netherlands · Deposit deductions

Can my landlord charge for the carpet or floor? (Netherlands)

First question: whose floor is it? Many Dutch rentals come without flooring, and tenants lay their own. If it's the landlord's, normal wear isn't your cost. If it's yours, you can take it with you, but the floor underneath has to be left in the right state.

Landlord's floor

Return it as described in the opnamestaat, except normal wear and ageing.

Your own floor

You may remove it (wegbreekrecht). The new tenant doesn't have to take it over.

Damage

Burns, tears and water damage you caused are your cost; age is not.

Your evidence

The opnamestaat and dated photos of the floors at both ends.

The landlord's floor

Article 7:224 of the Civil Code: you return the home as described at the start, except what has worn or aged. A carpet worn along the walkways after years of normal use is wear. A burn mark or a large stain is damage.

Under article 7:218 damage to the rented home is presumed to be the tenant's responsibility, so evidence matters: if a stain or worn patch was there when you arrived, make sure it's in the opnamestaat or your move-in photos.

Your own floor

Laying a floor that can be removed without significant cost is a change you can make yourself (article 7:215). At the end you may take it with you: the Juridisch Loket calls this your wegbreekrecht. The next tenant isn't obliged to take it over; that's a deal between you. If you remove it, leave the subfloor in the state described at move-in, and undo the change without damaging anything.

What helps you

• At move-in, photograph each floor, with close-ups of existing marks and wear.
• If you lay your own floor, keep the receipt and agree in writing with your landlord what happens to it at the end.
• At move-out, clean the floors and photograph the same views.

A letter you can send

Copy this, fill in the brackets and send it by email so you have a dated record.

Dear [name],

You have deducted [amount] for the [carpet / floor] at [address].

[The wear you mention is normal wear from (length) of ordinary use, which article 7:224 of the Civil Code excludes. / The marks were already there at move-in: see the opnamestaat and my photos of (date). / The floor was my own and I removed it, leaving the subfloor as described at move-in.]

Please return the deducted amount by [date], or explain the deduction in writing with the opnamestaat, the end inspection report and the invoice, as article 7:261b requires.

Kind regards,
[name]
[IBAN]

If your landlord won't move

For tenancies that started on or after 1 July 2023, a landlord who deducts costs must pay back the rest within 30 days of the end of the tenancy and explain each deduction in writing (article 7:261b); with no deductions, the deadline is 14 days. Ask the Juridisch Loket for free advice; the last step is the kantonrechter (sub-district court). See the Netherlands deposit guide.

Other common deductions in Netherlands

• End-of-tenancy cleaning
• Repainting
• Nail holes
• Oven and kitchen cleaning

Also useful: wear and tear or damage? · deposit deadline calculator · move-in photo checklist

Sources: Burgerlijk Wetboek 7:215, 7:216, 7:218 and 7:224 · Juridisch Loket: huurwoning opleveren · Burgerlijk Wetboek 7:261b (14/30-day return). General information, not legal advice.