Netherlands · Deposit deductions

Can my landlord charge me for repainting? (Netherlands)

It depends on the move-in report (opnamestaat). If it says the walls were white, you hand them back white. Paint that has simply aged is normal wear, which you don't have to fix.

With an opnamestaat

Return the walls as described: same colour, no extra holes or damage. Except normal wear.

Without one

For contracts from 1 August 2003 you may leave it as it is, unless the landlord proves you changed it for the worse.

During the tenancy

Whitewashing inside walls and ceilings and painting inside woodwork are tenant upkeep jobs (Besluit kleine herstellingen).

Not your cost

Normal wear from ageing.

What the law says

Article 7:224 of the Civil Code: if a description of the home was made at the start, you return it in the same state, except for permitted changes and what has worn or aged. If no description was made, you're presumed to have received the home in the state it's in at the end, unless the landlord proves otherwise.

The Juridisch Loket gives the example directly: if the opnamestaat says white walls without holes, you leave it with white walls without holes.

Coloured walls

Painting a wall a different colour is a change to the home. Small changes that can be undone at the end without significant cost don't need permission (article 7:215), but if the opnamestaat says the walls were white, expect to paint them back. Without an opnamestaat, the landlord has to prove you changed the walls and that the home is worse for it.

What helps you

• Read the opnamestaat before you sign. A line like "the home is in good condition" doesn't count as a description; the Juridisch Loket says every part of the home should be described.
• Photograph every wall at move-in, including marks and discolouring.
• Agree changes of colour with your landlord in writing, including whether you have to paint back.

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 repainting [rooms] at [address].

[The opnamestaat of (date) describes the walls as: ... and they were returned in that state, apart from normal wear. / No opnamestaat was made, so under article 7:224 of the Civil Code I am presumed to have received the home in the state it was in at the end, unless you can prove otherwise.]

My photos from [move-in date] and [move-out date] show the walls at both ends of the tenancy.

Please return the deducted amount by [date], or send the opnamestaat, the end inspection report and the invoice that support the charge.

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
• Nail holes
• Carpet and flooring
• 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 · Besluit kleine herstellingen. General information, not legal advice.