A landlord in the Netherlands may ask a deposit of no more than twice the bare monthly rent, and must repay it within 14 days after the tenancy ends, or within 30 days with a written specification if something is deducted. These rules come from the Wet goed verhuurderschap (Good Landlordship Act), in force since 1 July 2023; older contracts with larger deposits can often still be challenged. Service charges and agency fees are bound by their own rules in Book 7 of the Dutch Civil Code (BW).
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How much deposit can a landlord ask?
Under the rules of conduct in article 2 of the Wet goed verhuurderschap, a landlord may not ask for a deposit (waarborgsom) of more than twice the bare rent. “Bare rent” (kale huur) is the rent for the accommodation itself, excluding service charges, utilities and any furniture supplement.
The ceiling only applies going forward, and larger deposits agreed under older contracts are still asked for in practice. If you signed before July 2023, do not assume your deposit is beyond challenge: subdistrict courts were already striking down excessive deposits before the ceiling existed, as an unreasonably onerous term under article 264 of Book 7 of the Civil Code. The Rechtbank Noord-Holland annulled a six-month deposit clause on 5 August 2015 (ECLI:NL:RBNHO:2015:6660), ruling that a deposit of more than twice the monthly rent is not reasonable, and the Rechtbank Amsterdam cut a deposit of over four months’ rent back to two months on 4 March 2019 (ECLI:NL:RBAMS:2019:1490). Both are first-instance decisions rather than binding authority, and no reported case has yet applied the good-landlordship standard itself to a pre-2023 deposit — but the older case law remains the argument to make.
If a landlord asks for more, you do not have to pay the excess, you can reclaim anything already overpaid, and the municipality can take enforcement action. Note that “two months’ deposit plus one month’s rent in advance” is not a three-month deposit: rent paid in advance is rent, not security. A non-refundable “administration fee” on top of the deposit is not permitted at all.
When must the deposit be returned?
The Act sets two deadlines, and mixing them up is the most common mistake.
- If the landlord deducts nothing, the deposit must be repaid within fourteen days of the end of the tenancy.
- If the landlord does deduct something, the period is thirty days from the end of the tenancy. The extra time is meant for inspecting, quantifying and documenting the deduction, not for delay.
A landlord who deducts must give you a written specification of what is withheld and why, with a full breakdown. A bare statement that “damage was found” does not meet that duty, and leaving it out is itself a breach. A landlord who cannot yet price a repair should still repay the undisputed balance within thirty days and specify what remains in dispute.
What can and cannot be deducted?
Permitted deductions are limited: unpaid rent, unpaid service charges, an agreed energy performance fee, and damage you caused. Ordinary wear and tear is not on that list, and “administration costs” cannot be deducted simply because the tenancy agreement mentions them.
| May generally be deducted | May not be deducted |
|---|---|
| Rent arrears at the end of the tenancy | Ordinary wear and tear (normale slijtage): faded paint, worn carpet, small nail holes |
| Unpaid service charges, or a shortfall shown by the annual statement | Standing administration, contract or handling fees not tied to an actual loss |
| An agreed energy performance measure fee | Repairs that fall on the landlord as owner, including structural and exterior maintenance |
| Damage you caused: burns, breakages, stains, unauthorised alterations not reversed, items left behind and not removed | Redecoration simply to re-let the property, and costs the landlord cannot evidence or did not specify in writing in time |
The line between damage and wear is where most disputes arise. Under article 218 of Book 7 of the Civil Code you are liable for damage caused by something attributable to you, and such damage is presumed to be your responsibility, with exceptions for fire and, for the exterior of a building, damage to that exterior. That presumption is real, but it works together with article 224 — and that is where the inspection report becomes decisive.
No inspection report: who has to prove what?
Article 224 of Book 7 of the Civil Code provides that, where the parties drew up a written description of the property when you moved in, you must return it in the condition recorded there, apart from changes you were allowed to make and anything that deteriorated through age or normal use. Where no such description was made, you are presumed to have received the property in the condition it is in at the end of the tenancy, and it is up to the landlord to prove otherwise.
In practice this matters a great deal. With a signed check-in report and dated photographs, a landlord who finds a scorched worktop can point to the report and show the change. Without one, the starting point is that the property was already in that state, and the landlord has to displace that presumption with other evidence — which is often difficult once you have moved out.
How do service charges and advance payments work?
Service charges (servicekosten) are payable on top of the bare rent for goods and services connected with living in the property: cleaning of shared areas, a caretaker, shared lighting, garden maintenance, the use of furniture. They are almost always billed as a monthly advance payment (voorschot) and settled against the actual costs afterwards.
Under article 259 of Book 7 of the Civil Code, the landlord must give you an itemised annual statement of the actual costs and how they were calculated, within six months of the end of the calendar year — by 1 July in practice. If the tenancy ends mid-year, the statement covers the part of the year you rented. Under article 261 an advance may only be raised where new goods or services have been agreed, or following a statement, and each statement supports one increase. Article 260 lets either party ask the Huurcommissie to determine what is actually payable.
Service charges are meant to pass on actual costs, not to generate a profit. Some items may not be charged as service charges at all: care services such as meals or alarm services, and costs that fall on the owner rather than the occupier, such as property tax. Costs that fall on the occupier, such as the waste levy, may be passed on. Heat supply has its own regime under the Warmtewet.
Utilities are a separate category again. Where the property has its own meters, gas, water and electricity are usually contracted by you directly, or supplied by the landlord and settled on metered use; these are utility charges (nutsvoorzieningen), not service charges. An “all-in” rent that lumps everything together can be split into its components on request.
What changes on 1 January 2027?
The Wet modernisering servicekosten takes effect on 1 January 2027, together with the Besluit servicekosten and the Regeling servicekosten. It introduces a closed list of chargeable cost categories and confirms that only actual costs, never a profit margin, may be passed on.
Can an agent charge you a fee?
Not if the agent also acts for the landlord or lets from its own portfolio.
The Wet goed verhuurderschap prohibits landlords and letting intermediaries from charging double agency fees — taking a fee from both landlord and tenant for the same transaction. This sits on top of the older rule in articles 417 and 427 of Book 7 of the Civil Code: an agent acting for the landlord is not entitled to a fee from the tenant as well. If the property is on the agent’s own books, you should be paying nothing at all.
Contract costs and key money (sleutelgeld) may not be charged to a tenant. A landlord may charge for something you actually benefit from, such as a name plate at the door, and you may buy items from the outgoing tenant at an agreed price (overnamekosten), but neither is a way to reintroduce a letting fee. You only properly pay a fee where you engaged your own search agent, one who works independently of landlords and finds accommodation outside that agent’s own portfolio. Fees charged contrary to these rules can be reclaimed.
What else does the Wet goed verhuurderschap require?
The Act reaches further than money. Article 2 sets out national rules of conduct for every landlord and letting intermediary. They require the landlord to:
- refrain from discrimination when selecting tenants, and use a transparent selection procedure;
- refrain from intimidation, which includes threatening to withhold repairs, cut off services or keep the deposit to pressure a tenant;
- record the tenancy in a written agreement;
- tell you in writing, in a language you understand, about your rights and obligations — how the deposit works and when it is returned, how service charges are settled, the landlord’s contact details and the municipal reporting point (the information duty). This is not limited to labour migrants, so in practice an international tenant should receive this information in English;
- respect the deposit ceiling and the service charge rules, and charge no double agency fees;
- observe extra rules where the tenant is an EU labour migrant, including a tenancy agreement kept separate from the employment contract and information in a language the worker understands.
Article 3 requires landlords and intermediaries who let in the course of a business to have a written policy for preventing housing discrimination, and to publish and apply it.
The municipal reporting point and enforcement
Since 1 January 2024 every municipality has had to run a reporting point (meldpunt) under article 4: low-threshold, free, and open to anonymous reports about undesirable letting conduct. Eindhoven and Amsterdam both operate one. A report is not a claim for money — the meldpunt will not order your deposit repaid — but it does trigger the municipality’s supervisory role.
Enforcement builds up in steps. A first breach usually brings a warning, with a note that a further breach can lead to a fine and publication of the offender’s details. Repeated or serious breaches can be met with an order backed by a penalty payment (last onder dwangsom) or administrative coercion, and with fines. Article 19 of the Wet goed verhuurderschap caps the fine at the fourth category, rising to the fifth category for a landlord who repeats the same breach within four years. As a last resort, the municipality can take over management of the property, and under article 5 it may also require a letting permit in designated areas.
Which route should you take?
Tenants and landlords often pick the wrong forum and lose months over it. The three routes serve different purposes and can be used alongside each other.
| Route | Use it for | What it delivers |
|---|---|---|
| Municipal reporting point | Breaches of the rules of conduct: excessive deposit, no written specification, no annual statement, discrimination, intimidation, double agency fees | Supervision and enforcement, including warnings and fines. No money awarded |
| Huurcommissie | Service charges and utility advance payments, the rent level, maintenance defects and all-in rents | A binding decision on the amount payable, unless a party goes to court; a modest fee applies |
| Subdistrict court (kantonrechter) | Recovery of the deposit, damages, disputed deductions, reclaiming unlawful fees, and anything outside the Huurcommissie’s remit | An enforceable judgment for payment, with interest and, generally, costs |
A deposit claim, if it cannot be settled, belongs before the subdistrict court; you do not need a lawyer there. Service charge disputes are the Huurcommissie’s territory and cheaper: the fee (leges) is a modest fixed amount for a tenant or other private individual and considerably higher for a landlord or other legal entity. The current rates are set by ministerial regulation and published by the Huurcommissie, so check them there before applying. After a Huurcommissie decision, a dissatisfied party may bring the matter before the subdistrict court within eight weeks; where the chair decided alone, an objection (verzet) can be lodged within three weeks.
What are the time limits?
For service charges, article 260 of Book 7 of the Civil Code allows a request to the Huurcommissie covering no more than twelve months per cost category, made within twenty-four months of the deadline for the annual statement. Miss that window and the Huurcommissie route closes.
A claim for repayment of the deposit is an ordinary claim, subject to the five-year limitation period in article 307 of Book 3 of the Civil Code. Five years sounds generous, but delay costs you evidence, so put your demand in writing promptly; a written demand also interrupts the limitation period.
What should you check as a tenant?
Most deposit disputes are decided by evidence gathered on the day you move in.
- Before signing, check the deposit against two months’ bare rent, and query any contract, administration or letting fee.
- Insist on a check-in report (opnamestaat) signed by both parties, take dated photographs of every room, and record the meter readings.
- Keep proof of payment of the deposit and every service charge advance, and give the landlord your new address and bank details in writing when you move out.
- Mark 1 July in your diary for last year’s service charge statement, and note the twenty-four month window for the Huurcommissie.
- If a deadline passes, send a written demand with a short, clear payment term; if that does not work, report it to the meldpunt and consider court proceedings.
What should you check as a landlord?
A breach of these rules can lead to a warning, a fine up to the fourth category and a claim from the tenant.
- Get your documents in order: a written agreement, plus an information sheet covering the deposit, service charges, your contact details and the meldpunt — in English if you let to internationals.
- Never take more than two months’ bare rent on a new letting, and do not turn the excess into a separate fee.
- Inspect at the start and the end of the tenancy, in writing and preferably with the tenant present.
- Repay within fourteen days if you deduct nothing; if you do deduct, repay the undisputed balance and send a full written breakdown within thirty days, backed by invoices. Do not charge for wear and tear or routine redecoration.
- Send the annual statement by 1 July, itemised and based on actual costs, and keep an eye on the modernisation of the service charge rules described above.
What can we do for you with your deposit or service charges?
Our tenancy lawyers assist tenants and landlords with deposit and service charge disputes.
- We check your deposit, agency fees and service charges against the Wet goed verhuurderschap and Book 7 BW.
- We send a written demand for repayment of the deposit, which also interrupts the five-year limitation period.
- We prepare your application to the Huurcommissie within the 24-month window for service charges.
- We bring or defend a deposit claim before the kantonrechter.
- We draft the information sheet and the annual service charge statement for landlords.
Summary
- A deposit for a tenancy agreed on or after 1 July 2023 may not exceed twice the bare rent; older, larger deposits can often still be challenged.
- The deposit must be repaid within fourteen days if nothing is deducted, or within thirty days with a full written specification if something is.
- Without a signed check-in report, the property is presumed to have been in its end-of-tenancy condition all along, which makes deductions for “damage” hard for a landlord to sustain.
- Service charges must be settled against an itemised annual statement by 1 July each year, and disputes over them go to the Huurcommissie, not the subdistrict court.
- Choose the right forum: the meldpunt for conduct breaches, the Huurcommissie for service charges, and the subdistrict court to recover money such as the deposit itself.
Frequently asked questions
Can a landlord in the Netherlands withhold my deposit?
Only for limited reasons: rent arrears, unpaid service charges, an agreed energy performance fee, and damage you caused beyond normal wear and tear. Anything withheld must be explained in a written specification with a full breakdown, sent within thirty days of the end of the tenancy. A landlord who withholds without a specification, or for wear and tear, is in breach.
What if there was no inspection report when I moved in?
The law then presumes you received the property in the condition it is in at the end of the tenancy, so the landlord cannot simply assert that damage is yours. The landlord may still prove otherwise, for example with earlier photographs or a contractor’s evidence, but that is often difficult. Where a signed check-in report exists, it is the benchmark.
My landlord has never sent a service charge statement. What can I do?
The landlord must provide an itemised annual statement within six months of the end of the calendar year, so by 1 July. Ask for it in writing first. If it does not arrive, or the figures look wrong, you can ask the Huurcommissie to determine what is payable — per cost category, over up to twelve months, and within twenty-four months of the deadline for the statement. You can also report the failure to the meldpunt.
Should I go to the Huurcommissie or to court about my deposit?
To court. The Huurcommissie decides rent, maintenance and service charge disputes; it does not award repayment of a deposit. That claim goes before the subdistrict court, which can give an enforceable judgment with interest. Reporting the landlord to the meldpunt at the same time is often worthwhile, because enforcement pressure sometimes secures payment without proceedings.
