Reclaiming Your Deposit ('Teruggave van de Borg')
The return of the security deposit, or teruggave van de borg, is the financial settlement that occurs after a tenancy ends. The borg is not the landlord's money; it is the tenant's money held in trust by the landlord as security against potential damages or unpaid rent. At the end of the lease, the landlord is legally obligated to return the deposit, unless they can provide a legitimate, documented reason to make deductions. This process is a frequent source of conflict, but recent laws have strengthened tenants' rights and imposed stricter rules on landlords.
Legitimate vs. Illegitimate Deductions
A landlord can only legally deduct costs for two main reasons: 1. Damages (Schade): The landlord can deduct the cost of repairing any damage to the property that goes beyond 'normal wear and tear' (normale slijtage). Normal wear and tear includes minor scuffs on the walls, fading paint, or a carpet that is slightly worn after several years of use. A large hole in the wall, a broken window, or a deeply stained floor are examples of deductible damages. 2. Arrears (Achterstanden): The landlord can deduct any outstanding rent payments (huurachterstand) or any negative balance from the final settlement of service charges or utility costs. A landlord cannot deduct costs for regular, preventative maintenance, nor can they charge for improvements to the property. They also cannot charge for damages without providing proof.
The Burden of Proof and the Check-in Report
The burden of proof is on the landlord. To legally withhold any part of the deposit for damages, the landlord must be able to prove that the tenant caused the damage. The primary evidence for this is a comparison between a detailed, signed check-in report (opnamestaat) from the start of the tenancy and the signed move-out inspection report. Without a proper check-in report detailing the initial condition of the property, it is extremely difficult for a landlord to prove that any damages were not already present when the tenant moved in. This makes the check-in report a tenant's most important shield against unfair deductions.
