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Deposit

Landlord not returning your deposit in the Netherlands? A guide for expats

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By J. Hendriks — legal advisor
Updated: October 10, 2026

Your tenancy in the Netherlands has ended, the keys have been returned, and you are waiting for your deposit. The landlord is not responding, mentions unexpected cleaning costs, or wants to wait for a final settlement first. This can be difficult, especially if you are already living abroad again. This guide helps you outline the timeframe, the amount, and the proof before taking further steps.

The short answer: when do you get your deposit back?

For residential tenancies, the general rule is that the landlord must return your security deposit within 14 days after the tenancy ends. If legally permitted deductions apply, the remaining amount must be returned within 30 days after the tenancy ends. The landlord must explain the settlement in writing with a full specification of costs. A dispute regarding the refund of the deposit is not decided by the Rent Commission; for this, you can go to the sub-district court if necessary.

The repayment rules are set out in Article 7:261b of the Dutch Civil Code. Read the Explanation by the central government regarding the security depositDo you want help with your situation? Report your deposit request to Huurteam Nederland.

Which date counts for the repayment?

Take the end date of the lease agreement as the starting point. This is not automatically the same as the moving day or the day you hand over the keys. Keep the notice of termination, the confirmation of the end date, and proof of key handover. If these contradict each other, first have it established when the tenancy actually ended.

  • No permitted withholding: The full deposit must be returned within 14 days.
  • Permitted set-off: The remaining amount must be returned within 30 days after the end of the rental agreement, with a written specification.
  • Only a vague message about costs: request the basis, amounts, and supporting documents. Such a message does not automatically justify a withholding.

You do not have to wait 30 days as a standard procedure if nothing is to be offset. Nor does a dispute regarding a single item automatically justify withholding the entire deposit.

Help with reclaiming the deposit

What may the landlord offset against the deposit?

The law refers to damage for which the tenant is responsible, rent still due, service charges, and energy performance fee. Damage concerns demonstrably incurred repair costs. Other items, such as administrative costs for refunding the deposit, are not included. official legal text introducing Article 7:261b describes these boundaries.

Assess each cost item individually. What exactly happened? Was the problem already present at check-in? What work was required and what costs were actually incurred? An invoice helps with substantiation, but does not automatically prove that you are the cause or must pay the entire amount.

Damage, normal wear and tear and cleaning

Normal wear and tear and aging are not the same as damage caused by the tenant. When considering paintwork, floor coverings, and furniture, also look at their previous condition and age. Replacing something old with something new does not automatically mean that the full new price can be recovered from you.

When it comes to cleaning costs, the agreements, the actual handover, and the substantiation are taken into account. Both “cleaning may never be withheld” and “it is in the contract, so you have to pay” are too simplistic. Read also how to check deductions from your deposit.

Is your dispute primarily about cleaning or repainting after departure? Read the separate explanation about withhold deposit for cleaning costs and painting, with questions regarding delivery, wear and tear, and the substantiation per room.

What evidence helps if your landlord withholds the deposit?

Create a single file with a short timeline. Save original files and complete messages, not just isolated screenshots without a date or sender.

  • The rental agreement, any attachments, and proof of payment of the deposit.
  • The confirmed end date and proof of key handover.
  • Check-in and check-out reports, inventory list, and dated photos.
  • The complete cost breakdown, invoices, and responses from the landlord or manager.
  • Your refund requests, proof of shipment and receipt, and any partial payments.

Is a check-in report missing? Then the rules of evidence regarding the initial condition play an important role. The landlord does not automatically lose all claims, but an unsubstantiated assumption regarding an undamaged home is insufficient. Previous emails and photos may also be relevant. See, for example, the ruling on the description of the initial state and the proof thereof; the outcome of your case remains dependent on the facts.

Illustration for reclaiming the deposit

Illustration for reclaiming the deposit

Requesting your deposit back in four steps

  1. Check the amount and the counterparty. Note the paid deposit, previous refunds, and disputed items. Check who is the landlord according to the contract. A property manager or real estate agent is not automatically the person against whom you must file a claim.
  2. Request a refund in writing. State the rental address, the end date, the outstanding amount, and your account number. Explain why you dispute a deduction and attach the most important documents.
  3. Review the landlord's response. Compare each expense item with your evidence. Request missing documents and discuss a solution. Record any arrangement and payment date in writing.
  4. Check the payment and decide on the next steps. A commitment does not yet constitute a received amount. If payment is not forthcoming, have your case, costs, and litigation risk assessed before proceeding.

Keep proof that your request was sent and received. Email, letters, and messages can serve as evidence; choose a form that suits your situation. A registered letter can be useful as an additional measure, but it does not replace a substantively good request.

Example request for refund of the deposit

Fill-in-the-blank text, not a ready-made legal demand. Use this after the applicable repayment period has expired. Fill in the details, remove inappropriate phrases, and choose a concrete, reasonable payment date. Have the text checked in the event of a disputed end date or a complex counterclaim.

Subject: refund of deposit for [rental address]

Dear [landlord's name],

My rental agreement for [address] ended on [date]. I paid a security deposit of € [amount] and received € [amount] back. According to my calculation, € [amount] remains.

I request that you transfer this amount to [IBAN] in the name of [name] no later than [date]. [I dispute the deduction for …, because …; see attached documents.]

If you offset costs, please send a full written specification stating the basis and supporting documents. In any case, pay the undisputed remaining balance. I look forward to receiving your written response and reserve my rights regarding the remaining dispute.

Yours faithfully,
[Name and contact details]

Calculation example: how much deposit is still outstanding?

This example is entirely fictitious and not a prediction of a case. A tenant paid a €2.000 deposit. The landlord refunds €1.200 and withholds €800: €300 for recognized, verified rent arrears and €500 for disputed painting work.

  • Paid deposit: €2.000.
  • Refund received: €1.200.
  • Approved set-off: €300.
  • Remaining disputed amount: € 2.000 − € 1.200 − € 300 = € 500.

The calculation determines the dispute amount, not who is right. Interest and any costs are separate from this. Process subsequent payments immediately so that you do not request an amount already received again.

You now live outside the Netherlands: what now?

Moving abroad does not in itself mean that you lose your entitlement to a refund. However, ensure that you remain contactable and retain access to your contract, email, and proof of payment. Provide your current correspondence address and correct payment details. In the case of multiple tenants: record who has paid, who is making the request, and to whom a refund should be made.

Ask in advance in which language you can communicate, whether translations are necessary, and what an authorized representative can take over. In the event of proceedings, additional agreements regarding representation and presence may be required. Do not assume that everything can be handled without your involvement.

Rent Commission or Sub-district Court?

De The Rent Commission does not make a ruling on the return of your deposit.Under certain conditions, a separate service charge dispute may be heard by the Rent Commission. This is not the same procedure as claiming the deposit.

If you cannot reach an agreement, the sub-district court can decide the claim for repayment of your rental deposit. A lawyer is not mandatory in this case, but legal advice can help. There are costs and litigation risks; have any potential counterclaim assessed as well. Read the information from the Judiciary regarding a rental procedure.

Frequently asked questions about deposits in the Netherlands

May the landlord wait for a future service charge statement?

That is not an automatic reason to withhold the entire deposit. Ask which amounts are currently due, to which period they relate, and what substantiation exists. Have a disputed set-off assessed separately.

Is the landlord allowed to ask for more than two months' security deposit?

According to the central government, for rental contracts from July 1, 2023, a maximum of two months' basic rent applies. For an older contract, you must check the rules and agreements applicable at that time. Service charges do not count as basic rent.

Can I claim statutory interest?

In the event of late payment, statutory interest may be relevant. Have it checked whether and from when the landlord is in default and on what amount interest accrues. This is different from interest on the deposit during the tenancy.

What if the landlord doesn't respond at all?

Keep your previous requests and proof of postage. Do not send a different amount each time without explanation. Have it assessed what the appropriate next step is; no response does not automatically mean that legal proceedings will be initiated or won.

Need help getting your deposit back?

Huurteam Nederland We review your documents, verify deductions, and discuss the approach with you. Following your assignment, we can write to the landlord and handle their response. We begin with the amicable phase: reclaiming funds, consulting, and, where possible, reaching agreements. Legal proceedings require a separate assignment.

Ask for help with your deposit and view the current costs and conditions.. Include your rental agreement, proof of payment, and the landlord's explanation. You can find more information about the first steps in our article. get the security deposit back after the rental.

This guide provides general information about housing in the Netherlands. The documents and circumstances determine which entitlements and next steps apply to your case.

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