Getting your deposit back: your rights and the right steps

With almost every tenancy contract in the Netherlands, you pay a deposit (waarborgsom or borg) on top of the first month rent. This is an amount the landlord holds in reserve in case you cause damage or leave unpaid rent behind. At the end of the tenancy, that money should come back to you. In practice, that is exactly where things often go wrong: the landlord does not respond, withholds part of it without explanation, or drags out the repayment for months. As an expat this can feel especially stressful, because you may be leaving the country and want a clean financial exit before you go.

Since 1 July 2023 your rights on this point are far stronger. The Good Landlordship Act (Wet goed verhuurderschap) sets out in law, for the first time, how much deposit a landlord may ask for, within what period they must repay it, and when they are allowed to deduct anything. This article explains exactly what you are entitled to and what steps to take if your money does not appear.

How much deposit can a landlord ask for?

Since the Good Landlordship Act, the deposit is capped at two months base rent (kale huur). Base rent is the rent excluding service charges — so only the price for the use of the home itself, without advance payments for things like gas, water, electricity, or cleaning of shared spaces.

A worked example: if your base rent is 1,000 euros per month and you pay an additional 150 euros in service charges, the deposit may be no more than 2,000 euros. The service charges do not count towards it. If a landlord asks for more than two months base rent, that is not permitted and you can reclaim the excess.

Watch the difference with other amounts you pay at the start:

• First month rent — this is simply rent, not a deposit, and you do not get it back.
• Service charges — an advance payment that is settled annually; also not a deposit.
• Key money or agency fees — a landlord or letting agent is not allowed to charge you, as the tenant, for these. Read more in what a landlord may ask of a tenant.

The deposit is separate from all of this and is intended as security that, in principle, you get back in full.

What can the landlord use the deposit for?

The deposit is not a bonus for the landlord, but temporary security. The Good Landlordship Act lists exhaustively what it may be used for. A landlord may deduct something for:

• Damage to the home that you caused and that goes beyond normal wear and tear.
• Rent arrears or unpaid rent that is still outstanding when you leave.
• Outstanding service charges or a negative final settlement of the service charges.

Beyond these grounds, the landlord may not deduct anything. Normal signs of use — slight discolouration of a wall, small holes from hanging pictures, worn carpet after years of living there — are the landlord's responsibility and may not come out of your deposit. Nor may the landlord use the deposit to have the home cleaned or repainted as standard if you hand it back tidy and in good condition.

Within what period should you get the deposit back?

Here the law makes a big difference since 2023. The landlord must return the deposit within 14 days after the end of the tenancy agreement. That period starts running from the moment you have handed over the home and returned the keys.

There is one exception to this main rule. If the landlord wants to deduct something — for example because they are still waiting for the final service-charge settlement — they get a maximum of 30 days for that. But even then the rule applies: the undisputed part of the deposit must be repaid within 14 days, and for every deduction the landlord must explain in writing and itemised why they are doing so. A vague "for costs" is not enough — they must state which damage or which amount is involved, ideally with receipts or a quote attached.

Does the landlord withhold money without a valid reason or pay late? Then you can not only reclaim the amount, but under the Good Landlordship Act you may also be entitled to additional compensation on top of the deposit, because the law is written so explicitly in your favour.

Avoid trouble: the inspection and the inventory report

Most deposit disputes arise from disagreement over damage. Was that scratch on the floor already there when you moved in, or did you make it? Without evidence, your position is weak. The solution is simple: record the condition of the home at both the start and the end of the tenancy.

• At move-in, draw up an inventory report (also called an inspection report) together with the landlord and note all existing defects.
• Take dated photos or videos of the entire home, including any existing damage.
• Do the same at the final inspection and have the landlord sign off on the report on the spot.

If you have recorded at the start that a particular bit of damage was already there, the landlord cannot later pin it on you. Hand the home back as you found it: empty, clean, and without your own alterations, unless you have agreed otherwise. For more on what to record in advance, read the rental contract checklist before you sign.

Step-by-step: how to get your deposit back

If repayment fails to come, tackle it calmly but systematically. In the vast majority of cases the landlord is simply slow, and a clear, written reminder already does the trick.

1. Send a friendly reminder. Point out the statutory 14-day period and the bank account number where you expect the amount. Do this by email, so you have proof.
2. Send a formal notice of default (ingebrekestelling). If the landlord does not respond, put them in default in writing. State the exact amount, refer to the Good Landlordship Act, and give a final, reasonable deadline (for example 14 days) to pay. Mention that you will otherwise take further steps.
3. Involve the municipal reporting point. Since the Good Landlordship Act, every municipality has a reporting point (meldpunt) for undesirable rental conduct. An excessive deposit or a failure to repay it falls under this. The municipality can address the landlord and, if necessary, impose a fine.
4. Start proceedings at the subdistrict court (kantonrechter). If that does not help, you can go to the subdistrict court. For cases up to 5,000 euros you do not need a lawyer and the costs are relatively limited. You ask the judge to order the landlord to repay, plus interest and legal costs.

Throughout all these steps, keep your tenancy contract, the inventory report, your proof of payment of the deposit, and all correspondence. With those documents lined up, your position is strong.

The deposit and the Huurcommissie

A common misconception is that the Huurcommissie (Rent Tribunal) handles the deposit. That is not quite right. The Huurcommissie mainly deals with disputes over the rent price, the points system (WWS), maintenance defects, and the settlement of service charges. A pure dispute over repaying the deposit belongs with the municipality or the subdistrict court.

The Huurcommissie can, however, play an indirect role. If the landlord withholds deposit because of a negative service-charge settlement that you dispute, you can have that settlement reviewed by the Huurcommissie. If you doubt whether your service charges are correct, read am I paying too much rent. And if you suspect you are paying too much base rent in any case, a rent-price check via the points system can put money back in your pocket — separate from the deposit.

A good start for your next home

The best way to prevent deposit problems is to start well: a landlord who follows the rules, a proper inventory report, and a rent that is correct. In a tight market there is often little time for this, because the good homes go fast — especially in cities with high English-speaking demand such as Amsterdam, Utrecht, and Rotterdam.

HuurScanner bundles the supply from dozens of rental sites in one place and sends you an instant alert the moment a suitable home appears, so you have time to read the contract and the deposit arrangements properly instead of signing in a rush. Browse the current rental listings or see how HuurScanner Premium puts you at the front of the queue with instant alerts.

In short

A landlord may ask for a maximum of two months base rent as a deposit and must return it within 14 days after handover — 30 days if they want to make an itemised deduction. Deductions are only allowed for genuine damage, rent arrears, or outstanding service charges, never for normal wear and tear. Record the condition of the home at the start and the end, and if things go wrong: send a reminder, issue a notice of default, involve the municipal reporting point, and go to the subdistrict court if needed. With the Good Landlordship Act behind you, in most cases you simply get your money back.