Ending the Tenancy: Notice, Check-Out, Deposit Returns, and Disputes

Introduction

Ending a tenancy well saves money, stress, and time. In the Netherlands, the end-of-lease process is structured: you must give proper notice, hand over the property in an agreed condition, and settle service charges and the deposit. If things go wrong, there are clear paths to challenge unlawful deductions, correct service-charge statements, or escalate disputes. This chapter explains exactly how to finish smoothly—what Dutch law requires, how to prepare for check-out, and what to do if your landlord delays or refuses the deposit. We cover national rules, city nuances, and cultural details expats often miss.

Goal: leave on time, hand back clean and in good order, document everything, and get your deposit back—fast.

How Ending a Tenancy Works in the Netherlands (At a Glance)

1. Give valid notice (usually 1 month by law; equal to your rent payment period, with a legal min 1 and max 3 months). Send by registered letter (aangetekende brief) or another method the landlord confirms in writing.
2. Schedule inspections: a pre-inspection (voorinspectie) is common and useful, then the final inspection (eindinspectie) with key handover.
3. Handover condition: return the home clean and in the condition required by law/contract (minor repairs by tenant; major repairs/maintenance by landlord).
4. Utility/service charge wrap-up: you’ll receive an annual service-charge statement (afrekening) within 6 months after the calendar year ends; you can challenge it via the Huurcommissie.
5. Deposit return: the maximum deposit is 2 months’ basic rent for contracts from 1 July 2023; landlords must refund within 14 days after check-out (or within 30 days if there’s a deduction, with an itemised explanation). If not returned, you can demand it and then sue in the kantonrechter.

Giving Notice (Opzeggen)

Legal Notice Periods

For most residential tenancies:

• Tenant’s notice period = the rent payment period, minimum 1 month, maximum 3 months (for example, if you pay monthly, your notice is 1 month). You may serve notice for any day, unless your contract requires end-of-period; the law’s default attaches to the agreed payment date. Serve notice by registered letter or bailiff’s writ; email is acceptable only if the landlord confirms receipt.

• Landlord’s notice is far stricter: they need a legal ground and a longer notice (min 3 months, increasing with tenancy years up to 6 months). If you don’t agree, a judge decides and you generally may stay until judgment. We cover landlord-initiated endings so you know your rights.

Legal Tip: If your contract or agent insists on “two months’ notice” while you pay monthly, Dutch law still allows one month (unless your payment period is longer). Keep your payment proof and cite BW 7:271(5).

Step-by-Step: Serving Notice Correctly

1. Check your contract for any clause fixing notice to the rent payment date or the first/last day of a month.
2. Draft your notice: include address, contract date, desired end date, forwarding address, bank details for the deposit, and request for pre- and final inspections.
3. Send by aangetekende brief (registered post), or deliver by hand with a signed receipt; email only if the landlord confirms receipt. Keep proof.
4. Offer check-out dates and propose meter-reading arrangements.
5. Stop keys = stop rent: rent generally runs until keys are returned, so align your handover date and time carefully.

Example: You pay on the 1st of each month. On 12 April, you send registered notice to end on 12 May (or on 31 May if your contract requires full calendar months). You schedule handover on 12 May at 10:00 and return all keys then. Rent and utilities are settled up to that moment.

Preparing for Check-Out (Voorinspectie & Eindinspectie)

Pre-Inspection (Voorinspectie)

Not strictly mandated by statute, but widely used (and supported by case law): a voorinspectie identifies issues early and gives you a chance to remedy them before the final. If the landlord skips a pre-inspection yet later claims large repair costs, courts can reduce recoverable amounts—another reason to ask for it in writing.

Pro Tip: Ask your landlord (in your notice letter) for a voorinspectie 2–3 weeks before move-out. Bring the move-in inspection report and photos.

Final Inspection (Eindinspectie) & Handover

• Move-in condition governs: if no move-in report exists, the law presumes you received the property in good condition—making it harder for a landlord to charge you for alleged pre-existing defects.
• Keys & meters: hand over all keys, take time-stamped photos/videos, and record final meter readings together.
• Report & signatures: sign only if you agree; you may annotate or refuse to sign and send a detailed email instead.

Scam Alert: Refuse “mandatory professional cleaning” deductions unless your contract requires a specific standard and the home is not left properly clean. Cleaning deductions must reflect actual, necessary work—not a fixed fee.

Who Pays for What at Move-Out?

Dutch law divides responsibilities between tenant (daily/minor upkeep) and landlord (major repairs/maintenance). The Besluit kleine herstellingen lists typical tenant tasks (e.g., replacing a toilet seat, fixing a door handle, minor painting, descaling taps, unclogging sinks). Landlords cover structural/major works (exteriors, CV/boiler replacement, major leaks).

Table 1 — Responsibilities at Check-Out (typical)

Item at issue	Usually Tenant	Usually Landlord	Notes
Professional cleaning	Only if home not left clean / contract requires	—	Must be reasonable, itemised
Small repairs (door handles, WC seat, light bulbs)	Yes	—	Listed as “kleine herstellingen” (examples)
Painting interior (touch-ups)	Often tenant if damage beyond wear	—	Normal wear not chargeable
Exterior paint, façade repairs	—	Yes	Major maintenance
Boiler/CV breakdown	—	Yes	Landlord’s responsibility
Flooring removal	Depends on contract/acceptance	—	Keep any takeover form (overname)
Window blinds/fixtures	Return as agreed	—	If taken over by next tenant, confirm in writing
Locks/keys lost	Yes	—	Provide all copies at handover

Legal Tip: If your landlord claims damages but no move-in report exists, remind them of BW 7:224’s presumption and insist on evidence that the damage is beyond reasonable wear and tear.

Service Charges & Final Statements

What You Should Receive and When

Landlords must provide an annual, itemised statement of service charges (and individually metered utilities) within 6 months after the end of the calendar year (e.g., the 2025 statement arrives by 1 July 2026). The statement must show the types of costs and how they were calculated. If you disagree, you may challenge via the Huurcommissie (Rent Tribunal).

Many tenants move out before the annual statement—your landlord still owes you the correct pro-rata settlement later. Keep your forwarding address updated.

If the Statement Is Missing or Wrong

• Ask in writing for the statement (or corrections).
• If unresolved, you can file with the Huurcommissie—generally within 24 months after the landlord’s 6-month deadline has passed.

Table 2 — Service Charges Timeline

Stage	Legal/Practical Deadline	Action
End of calendar year	31 Dec	Landlord closes books
Statement due to tenant	By 30 June of the next year	Must include itemisation & calculation method
Tenant dispute window	Up to 24 months after the landlord’s 6-month deadline	File at Huurcommissie if not resolved

Deposits (Waarborgsom): Amount, Deductions, and Deadlines

Legal Caps & Return Deadlines

• For contracts on or after 1 July 2023, the maximum deposit is two months’ basic rent (kale huur). For contracts before that date, the older maximum three months may apply.
• Return deadlines after check-out: 14 days if there are no deductions; if there are deductions (e.g., rent arrears, service-charge arrears, damages beyond normal wear, or energy performance fee), return the remainder within 30 days with an itemised explanation.

Legal Tip: A landlord cannot invent new categories to deduct from your deposit. The government lists the allowed bases (arrears, damages beyond wear, service-charge arrears, EPV). Ask for receipts/quotes and a calculation.

What If the Landlord Doesn’t Pay?

1. Send a formal demand (ingebrekestelling) by registered post, giving a clear deadline and citing the 14/30-day rules.
2. If unpaid, you may sue in the kantonrechter (district court, small-claims track for tenancy matters); no lawyer is required for these amounts.
3. In many cities you can also get free help from municipal “Huurteams” or non-profits like !WOON (Amsterdam region).

Scam Alert: “We always deduct one month for professional cleaning” is not legal. Deductions must reflect actual costs and be itemised.

Can You “use the deposit” as your last rent?

Generally don’t. Unless the landlord agrees in writing, withholding the final rent and “paying” with the deposit can put you in rent arrears, triggering fees or collection action. Many housing associations and legal advisors explicitly warn against it.

Table 3 — Deposit Rules & Remedies

Topic	Rule / Best Practice	Source
Maximum deposit	2 months’ basic rent (since 1 Jul 2023; earlier contracts 3 months)
Return deadline (no deductions)	14 days after check-out
Return deadline (with deductions)	30 days after check-out, with itemisation
Allowed deductions	Arrears (rent/service), damages beyond wear, EPV
If unpaid	Demand letter → kantonrechter (no lawyer needed)

The Check-Out Playbook (Step-by-Step)

4–6 Weeks Before Move-Out

• Serve notice (registered letter), propose voorinspectie dates, request written move-out checklist.
• Review your move-in report and photos. If none exists, note the good-condition presumption under BW 7:224.
• Plan minor repairs (tenant responsibilities per Besluit kleine herstellingen); book cleaners if needed.

2–3 Weeks Before

• Voorinspectie with landlord; get a written list of issues to fix. If no pre-inspection is offered, confirm in writing that you requested it. Courts may weigh this if disputes arise.
• Transfer options: If your flooring/fixtures can stay for the next tenant, sign a takeover form (overnameformulier) to avoid removal costs.

Final Week

• Patch holes, retouch paint where you caused damage (not normal wear).
• Deep clean, descale bathroom/kitchen, defrost fridge/freezer.
• Arrange meter readings and final internet/energy termination or transfer.
• Prepare two sets of photos/videos (date-stamped): empty rooms, close-ups of wear areas, meters, keys.

Handover Day

• Walk-through and final inspection; record all counters; hand over all keys/fobs and obtain a signed receipt or email confirmation.
• Photograph the handed-over state and the signed form.
• Confirm forwarding address and bank details for the deposit in writing.

After Handover

• If nothing claimed, expect deposit within 14 days. If claimed, expect an itemised letter and balance within 30 days. If deadlines pass: send a demand and consider court.
• Watch for the service-charge statement arriving by 30 June of the next year; dispute via Huurcommissie if needed.

Legal Requirements in the Netherlands (Core Rules)

Requirement	Description	Source
Tenant’s notice period	Equals rent payment period; min 1, max 3 months; serve by registered letter or bailiff; email valid if landlord confirms receipt.
Landlord’s notice	Legal grounds required; 3–6 months notice depending on duration; judge decides if you contest.
Move-in report effect	No report? Presumption of good condition at start (harder to claim tenant-caused damage).
Small vs major repairs	Tenant does minor/daily upkeep (Besluit kleine herstellingen); landlord does major maintenance.
Service-charge statement	Due by 6 months after calendar year; itemised; Huurcommissie can resolve disputes.
Deposit cap & deadlines	Max 2 months (contracts ≥ 1 Jul 2023); refund in 14 days (no deductions) or 30 days (with itemisation).
Wet betaalbare huur (Affordable Rent Act)	From 1 July new rules strengthen rent regulation via points in social & mid-rent; use Huurcommissie tools/checks.
Good Landlordship Act (Wgv)	National standards, municipal meldpoints, deposit cap enforcement, info obligations.

Regional & Cultural Insights

• Unfurnished (kaal) can mean no flooring, curtain rails, or light fixtures—agree what stays and record it.
• Amsterdam, Utrecht, Rotterdam, The Hague and many other cities fund Huurteams or support bodies (!WOON) that help tenants for free with rent and service-charge issues and can steer you to court if needed.
• Municipal “Meldpunt Goed Verhuurderschap”: you can report unlawful practices (e.g., excessive deposits or intimidation). Municipalities must operate such a low-threshold contact point under the Good Landlordship Act.

The Wet Betaalbare Huur (Affordable Rent Act): Why It Matters at the End

As of 1 July, the Affordable Rent Act strengthens rent regulation and the Woningwaarderingsstelsel (WWS) points system across social and mid-rent. Why care when moving out? Because some landlords justify deposit deductions by claiming you underpaid rent or owed extras; checking your legal maximum rent helps you rebut such claims and seek corrections through the Huurcommissie (which also handles service-charge disputes). Use the Huurcommissie’s rent checks for your contract type.

City Registrations, BRP & Benefits When You Move

BRP (Personal Records Database)

• Moving within NL: register your new address with the new municipality (often online) no later than 5 days after your move; you can notify up to 4 weeks before.
• Leaving NL for > 8 months in 12 months: you must deregister from the BRP from 5 days before departure up to the day you leave.

Huurtoeslag (Housing Benefit)

You don’t send your new address to the benefit office directly (the municipality forwards it), but if your rent amount changes, update it in Mijn Toeslagen—that can increase or reduce your benefit.

Pro Tip: If you move in late December, still expect your service-charge statement by 30 June of the next year—even if you’ve left the country. Provide a forwarding address or a reliable email.

Worked Examples

Example A — Is a Damage Claim Reasonable?

• Scenario: You left the flat clean. The landlord deducts €450 for “professional cleaning” and €300 for “painting wear marks”.
• Analysis: Cleaning is only chargeable if necessary and reasonable; painting small scuffs is normal wear unless the contract required a stricter condition. Without a move-in report, the landlord has a high burden to prove deterioration beyond wear (BW 7:224). You demand invoices and photos; if insufficient, you dispute and pursue return of the €750.

Example B — Deposit Timing

• Scenario: You returned keys on 1 June with no issues noted. By 20 June, you still haven’t received the deposit.
• Rule: Refund within 14 days if no deductions, so due by 15 June. Send a formal demand; if unpaid, proceed to kantonrechter.

Example C — Service Charges After You Move

• Scenario: You moved out in October. The landlord says you must “wait until next year” and keeps part of the deposit.
• Rule: The annual service-charge statement is due by 30 June after year-end; landlords should not hold your entire deposit until then without basis. If the later statement shows you overpaid on monthly advances, you get a refund; if you underpaid, you may owe a balance. Disagree? Huurcommissie can decide.

Differences by Housing Type

Table 4 — Ending Tenancy: Social vs. Mid-Rent vs. Free Sector

Feature	Social (Woningcorporatie)	Mid-rent (regulated under points)	Free sector (liberalised, if above cap)
Notice (tenant)	Usually 1 month	1 month typical	1 month typical (check payment period)
Deposit	Often 0–1 month in practice	Max 2 months	Max 2 months (contracts ≥ 1 Jul 2023)
Service charges	Annual statement by 30 June	Same	Same (Huurcommissie competence depends on sector)
Rent regulation	Points-based	Points-based (Affordable Rent Act)	May be unregulated if above threshold; check points to be sure
Help	Housing association procedures	Huurcommissie, municipal huurteam	Huurcommissie (for service charges), court for deposit; municipal help varies

How to Escalate a Dispute (Decision Tree)

1. Deposit not returned / excessive deduction

   • Send registered demand referencing the 14/30-day rule and asking for invoices & photos.
   • Consider help from !WOON / Huurteam.
   • File a claim in kantonrechter (small claims; no lawyer required).

2. Service-charge dispute

   • Ask for correction; then Huurcommissie within 24 months after the landlord’s 6-month deadline.

3. Harassment, discrimination, abusive practices

   • Report to your municipal Meldpunt Goed Verhuurderschap.

Costs & Typical Price Ranges (Indicative)

(These are market ballparks to help you budget; actual amounts vary by city and supplier.)

• End-of-tenancy cleaning: €120–€350 for a 50–80 m² flat, depending on scope.
• Patch/paint touch-ups: €8–€20/m² for materials and labour; DIY is cheaper.
• Locksmith (lost keys): €90–€250 depending on cylinder type/urgency.
• Handyman minor fixes: €35–€60/hour.

Pro Tip: Ask for quotes first; if your landlord wants to hire trades, you may offer equivalent quality cheaper—document your proposal.

Frequently Missed Details (and How to Avoid Trouble)

• No move-in report? Your best friend is a photo archive from day 1; if not, lean on the legal presumption (BW 7:224).
• Wrong notice method: Use registered post; email only counts when confirmed by the landlord.
• Calendar month myths: The law ties notice to your payment period—not necessarily the calendar month. Check your contract but know your legal baseline.
• Deposit set-off: Don’t substitute deposit for last rent unless the landlord agrees in writing.
• Service charges timing: Expect the statement by 30 June after year-end; keep access to mail/email even if you’re abroad.
• Municipal registration: Moving? Register within 5 days (or deregister 5 days before departure if leaving NL).

Templates You Can Adapt

Notice Letter Essentials – Tenant & landlord full names and addresses – Rental address and contract start date – Clear termination date (respecting legal notice) – Request for voorinspectie and eindinspectie dates – Statement that keys will be returned at handover – Bank details & forwarding address for deposit – Request for itemised service-charge statement when due

Deposit Demand (after deadline) – Reference handover date & key return – Cite 14/30-day rule and request itemised deductions with invoices/photos – Provide IBAN for transfer within 7 calendar days – State that failing payment you will file in the kantonrechter

Quick Calculations You May Need

• Prorating rent on early handover: If your contract allows mid-month end, daily rent = monthly rent × 12 / 365 (or /366 in leap years).

• Deposit deduction check:

  • Claimed cleaning €240 vs. documented 4 hours × €35 + €20 supplies = €160 reasonable.
  • Paint touch-ups for 8 m² at €12/m² = €96.
  • Total reasonable €256 → if landlord deducted €450, you can demand €194 back (plus statutory interest after demand).

When the Landlord Ends the Tenancy (Know Your Shield)

If you get landlord notice, remember:

• They must have a statutory ground (e.g., longstanding arrears, serious nuisance, urgent own use, diplomatic clause with pre-agreed return). If you object, a judge decides; you usually stay during proceedings.
• Special cases like diplomatic clause or sale after prior owner-occupation have strict conditions—read notices carefully and get advice.

City Help & Where to Get Support

• Huurcommissie (independent tribunal) for rent/service-charge disputes and applying the points system; their website provides rent checks and how-to guides.
• Municipal Huurteams / !WOON (free support in many cities) for hands-on help with documentation, landlord dialogue, and court prep.
• Municipal Meldpunt Goed Verhuurderschap to report excessive deposits, intimidation, or other violations.

Common Mistakes at the Finish Line

• Missing the notice window → paying an extra month unnecessarily.
• No proof of handover → disputes about when rent stops.
• Accepting lump-sum deductions without invoices → overpaying.
• Forgetting BRP/benefits updates → fines or incorrect huurtoeslag.
• Skipping the pre-inspection → surprises on move-out day.

Key Takeaways

• Notice: Tenants typically need 1 month, equal to the payment period (min 1, max 3 months). Serve by registered letter; email only if confirmed.
• Condition: Minor fixes and cleaning are on the tenant; major maintenance is on the landlord. No move-in report? Landlord faces a higher bar to charge for damage.
• Service charges: Expect the annual statement by 30 June; you can use the Huurcommissie for disputes.
• Deposit: Max 2 months (newer contracts); refund within 14 days or 30 days with itemisation. If delayed, demand then sue in kantonrechter (no lawyer required).
• Help exists: Huurcommissie, !WOON/Huurteams, and municipal meldpoints under the Good Landlordship Act.