Returning the Keys
The final act of any tenancy is the handover, where the tenant vacates and returns the keys to the landlord. This process is legally framed by the concept of restoration (oplevering). The tenant's core obligation is to leave the property in the same state it was in at the beginning of the tenancy. This sounds simple, but it is the source of endless conflict, primarily because 'same state' is a subjective concept unless it is meticulously documented. This obligation covers two main areas: repairing any damages caused by the tenant (beyond normal wear and tear) and reversing any unauthorized alterations made to the property during the tenancy. The entire process should be managed through a formal final inspection (eindinspectie), which is a critical event for protecting your security deposit.
The legal baseline for the property's condition is the check-in report (opnamestaat) that was, or should have been, created when you moved in. If a detailed, signed report exists, the landlord can compare the property's final state against it and require you to fix any new damages. However, if no check-in report was made, the law works in the tenant's favor. It is legally presumed that the tenant received the property in the state it is in at the end of the tenancy (excluding any damages the landlord can definitively prove the tenant caused). This makes it very difficult for a landlord to claim deductions for things like scuff marks or minor issues, as they cannot prove these were not already present at the start.
The Issue of Alterations: Improvements vs. Damages
One of the most complex areas of restoration involves alterations made by the tenant. Many tenancy agreements state that the tenant cannot make any changes to the property without the landlord's prior written permission. This can cover anything from painting a wall a different color to installing new light fixtures or building shelves.
-
Unauthorized Alterations: If you made changes without permission, the landlord has the absolute right to demand that you reverse them at your own expense before you leave. This means repainting that feature wall back to the original white, removing the shelves and filling the holes, and reinstalling the old light fixtures. If you fail to do this, the landlord can hire a contractor to do the work and deduct the costs from your security deposit.
-
Authorized Alterations: If you received written permission to make a change, you generally do not have to reverse it when you leave, unless that was a specific condition of the permission. In some rare cases, if your alteration has genuinely increased the value of the property (e.g., you installed a modern, high-quality kitchen with permission), you might even be able to claim compensation from the landlord under the principle of 'unjust enrichment'. However, this is very difficult to enforce and should not be expected.
The skeptical renter should assume that any change they make, even if it feels like an improvement, may need to be undone. Always get permission in writing and clarify the expectations for the end of the tenancy before you start any work. Assuming a landlord will be happy with your new custom-built shelving unit is a recipe for a deposit dispute.
The Final Inspection: Your Last Stand
The final inspection (eindinspectie) should ideally be a two-stage process. A professional landlord or property manager will schedule a pre-inspection (voorinspectie) a few weeks before your final day. During this walk-through, they will point out any issues they expect you to fix (e.g., 'this wall needs repainting', 'this hole needs to be filled'). This gives you the opportunity to carry out the repairs yourself, which is almost always cheaper than having the landlord do it and deduct the inflated costs from your deposit. You are not obligated to fix things that constitute normal wear and tear, and you can dispute items on this list.
The final inspection takes place on your last day, after you have moved out all your belongings and cleaned the property. You and the landlord (or their agent) walk through the property one last time to check against the pre-inspection list and the original check-in report. Be present, be proactive, and take your own final set of photos and videos. Do not be pressured into signing any document that claims you are responsible for damages you do not agree with. If there are disagreements, note them on the inspection form. Once you hand over the keys, you lose your ability to carry out any repairs yourself, and you are at the mercy of the landlord's quotes. This final meeting is your last chance to defend your position and protect your deposit.
