The Landlord's Safety Net, The Tenant's Headache
The security deposit, or waarborgsom, has long been one of the most contentious parts of renting in the Netherlands. Historically, it was a legal grey area, a 'wild west' where landlords could demand excessive amounts and invent flimsy reasons to withhold the tenant's money upon move-out. Tales of deposits being kept to cover a few scuff marks or a single dusty shelf were commonplace. However, the introduction of the Good Landlordship Act (Wet goed verhuurderschap) on July 1, 2023, has dramatically changed the landscape, imposing strict, clear rules on how security deposits are handled. While this law is a significant step forward for tenant rights, its effectiveness still relies on tenants knowing these rights and being prepared to enforce them.
This new legislation was created specifically to curb the widespread abuse of the deposit system. It shifts the power dynamic significantly. Before, the tenant practically had to prove they didn't cause damage to get their money back. Now, the burden of proof rests squarely on the landlord to justify every single euro they wish to deduct. This change is monumental, but it's not a magic wand. Unscrupulous landlords may still try to flout the rules, betting that tenants—especially expats or those unfamiliar with the system—won't challenge them.
Key Rules Under the 'Good Landlordship Act'
For any rental agreement signed on or after July 1, 2023, a new set of legally binding rules applies. Understanding these is critical for any tenant.
- Deposit Cap: The landlord can ask for a maximum of two times the base monthly rent. The practice of asking for three, four, or even six months' rent as a deposit, which was common for expats, is now illegal.
- Strict Repayment Terms: The landlord must return the deposit within 14 days of the tenancy agreement ending. This is the default and applies if there are no damages or outstanding costs.
- Rules for Deductions: If the landlord intends to make deductions for damages or unpaid bills, the repayment period is extended to 30 days. Crucially, the landlord must provide the tenant with a complete and itemized breakdown of the costs, including invoices or receipts for repairs. They cannot simply invent a number. The deduction must be for actual, demonstrable costs incurred.
- No Deductions for Normal Wear and Tear: The law makes it clear that landlords cannot charge for normale slijtage (normal wear and tear). Things like minor scuffs on the walls from furniture, fading paint, or a carpet that's naturally worn down from being walked on are not considered damage and are the landlord's responsibility.
- Landlord's Duty to Inform: The landlord is legally obligated to provide the tenant with written information about their rights and obligations concerning the security deposit.
Fighting for Your Deposit
Even with these new rules, disputes are inevitable. A tenant's best defense is meticulous documentation. Always insist on a comprehensive check-in report (opleveringsrapport) with detailed photos and descriptions at the start of the tenancy, and do the same at check-out. If a landlord unfairly withholds your deposit, your first step is to send them a formal letter (ingebrekestelling) demanding repayment and citing the new law. If they refuse, you can file a complaint with your local municipality's rental support hotline (meldpunt) or, as a final resort, take the case to the sub-district court (kantonrechter). The threat of formal action is often enough to make a non-compliant landlord return the funds.
