Summary
You have a good chance of getting your full €1,800 deposit back. The landlord had to repay it within 14 days after the tenancy ended, or, to deduct anything, within 30 days with a full breakdown of the costs. He did neither. And because no description of the flat was made at the start, he has to prove the floor was damaged during your tenancy. Send him formal notice; if he doesn't pay, you can go to the subdistrict court without a lawyer.
Facts and assumptions
- You rented a flat in Utrecht from 1 September 2023 to 31 August 2026, basic rent €900 a month; deposit €1,800.
- No description or inspection report was made at the start.
- On 20 September 2026 the landlord e-mailed that he keeps €1,100 for "floor damage and cleaning", without invoices, and did not repay the other €700.
- Assumption: the landlord is a private individual; you have photos from moving out.
Applicable law
- Art. 7:261b Dutch Civil Code: deposit at most twice the basic rent; repay within 14 days, or within 30 days after setting off demonstrable costs, with a written full breakdown.
- Art. 7:224(2): without a description, the tenant is presumed to have received the property in the state it is in at the end of the tenancy.
- Art. 6:96(6): collection costs from a private party only after a 14-day reminder.
- Art. 93(c) Code of Civil Procedure: tenancy cases go to the subdistrict court, whatever the amount.
Case law
- ECLI:NL:RBMNE:2025:7832: no description at the start, so the landlord had to prove the damage; photos taken after moving out were not enough. Deposit returned with interest and costs.
- ECLI:NL:RBGEL:2026:3194: unsubstantiated cleaning claim; deposit returned with interest from 14 days after the end of the tenancy.
- ECLI:NL:RBAMS:2024:3334: necessary cleaning costs can be damage the landlord may set off, if he can show them.
Analysis
The deposit was due by 14 September, or by 30 September with a full breakdown. A round figure in an e-mail is not a breakdown of demonstrable costs, and the undisputed €700 was due in any case. The statutory presumption works for you on the floor; photos of the floor in good condition from just before your tenancy could rebut it.
Advice and next steps
- Send formal notice this week: €1,800 within 14 days, or a full breakdown with invoices.
- If he pays only €700, accept it with reservation of the rest.
- No answer or no evidence: start proceedings at the subdistrict court.
- More money at stake or strong evidence from the landlord? A tenancy lawyer can take over with this file ready.