Beraad

Settings

Appearance
Language

Beraad · Tenancy law

Getting your rental deposit back

You've moved out and the landlord won't return (all of) your deposit? Since 1 July 2023 Dutch law sets how high a deposit may be and how fast you must get it back.

Watch the deadline. The landlord must return the deposit within 14 days after the tenancy ends. If he deducts something for damage or unpaid rent, the rest must be paid within 30 days, with a full breakdown of the costs.

What the law says

  • At most two months' basic rent for a home (art. 7:261b(2) Dutch Civil Code).
  • Back within 14 days after the tenancy ends (art. 7:261b(3)).
  • Deductions only for proven costs. For damage or unpaid rent or service charges the landlord may set off what you owe; the rest is due within 30 days, with a written, full breakdown (art. 7:261b(3) and (4)).

Who has to prove the damage?

If no description of the home was made when you moved in, the law presumes you received it in the state you left it in (art. 7:224(2)), so the landlord has to show the damage arose during your tenancy. Courts regularly order the deposit returned when the landlord can't back that up, for example ECLI:NL:RBMNE:2025:7832 and ECLI:NL:RBGEL:2026:3194.

What you can do

  1. Ask the landlord in writing for the deposit, or for the breakdown of what he keeps, with a reasonable deadline.
  2. If he doesn't pay, you can give formal notice; statutory interest may be due on a late deposit.
  3. Then you can go to the subdistrict court (kantonrechter); you don't need a lawyer there.

For contracts from before 1 July 2023 things may differ. Lex looks at your contract and your dates.

This is general legal information, not advice on your situation. Lex looks at your facts, dates and documents.

What it costs

Quick scan

Free

  • A first assessment of your case
  • The rule that decides it, with a link to the law
  • Whether a deadline is running

Full case analysis

€ 29,00 one-off, incl. VAT

  • Statutory articles and similar rulings, with sources
  • Risks, deadlines and next steps
  • 30 days of follow-up questions and up to 3 draft letters
  • A PDF you can hand straight to a lawyer

Less than an hour with a lawyer costs, and the research is ready if you need one later after all.

See an example

Choosing a lawyer

Free for you

Lex suggests lawyers who fit your case. You choose, and your file is ready.

Affiliated lawyers pay us a fixed fee per referral; this is always shown. You are free to choose any lawyer.

Other situations