Charges and deposit

Getting your deposit back when the tenancy ends

5 minute read

Human legal and language review remains pending.

Deposit recovery starts with a clear tenancy ending and verifiable handover. Keep evidence of the original payment, confirmed end date, property condition and key return. This guide focuses on repayment. For a specific damage allegation, use the separate deductions guide to examine its basis and amount. Distinguishing the deposit, final rent and later service charges makes the requested repayment clearer.

In this article
  1. Identify the original deposit payment
  2. Establish the tenancy’s end date
  3. Prepare inspections and key handover
  4. Check the repayment periods
  5. Request evidence for any deduction
  6. Send a repayment request that clarifies the issue
  7. Separate old charges from later accounts
  8. Choose the next step if payment does not follow
  9. Avoid creating fresh arrears

Identify the original deposit payment

Find the bank record, agreement clause and receipt. Identify the recipient: landlord, agent or intermediary. If ownership changed, retain transfer correspondence. A total on an old invoice can contain both deposit and other charges. Separate them before claiming repayment so the amount matches the actual security deposit rather than an unexplained combined figure.

Establish the tenancy’s end date

The repayment period relates to the end of the agreement. Moving out does not always establish that date. Retain confirmation of notice or mutual termination. If keys were returned earlier, clarify whether an earlier end was agreed too. Avoid allowing a final-rent dispute and deposit question to merge into one unsupported net balance.

Prepare inspections and key handover

Use the initial report and photographs to compare condition. Request a preliminary inspection and take departure photos. Read the final report before signing and record disputed findings immediately. Confirm how many keys were returned and to whom. The inspection guide distinguishes resolved and outstanding issues. An empty home without a receipt does not establish who took responsibility when.

Check the repayment periods

The Rijksoverheid explains deposit rules: generally repayment within 14 days after the tenancy ends. Where permitted deductions apply, the remainder must be returned within 30 days with written cost details. Check applicable law for older arrangements too. Record actual receipt; an announced transfer is not yet evidence that funds arrived.

Request evidence for any deduction

A landlord cannot assign every desired expense to the deposit. The statutory arrangement identifies particular categories, including unpaid rent and damage for which the tenant is responsible. Ask for the reason and calculation per item. A general cleaning or renovation label does not identify necessary work. Read deposit deductions to distinguish wear, existing faults and evidenced damage.

Send a repayment request that clarifies the issue

State address, agreement, end date, original deposit and part payments. Give the repayment account and request missing specifications. Include key evidence and retain sending and receipt records. The deposit-letter tool can organise a draft; check amounts and retain placeholders where information is unknown. Your request should make the outstanding balance directly reproducible.

Separate old charges from later accounts

A service charge account may follow after departure. That does not justify holding every provisional or unexplained figure indefinitely. Ask which existing claim is set off and how it was established. Keep separate deposit, final-rent and service schedules. Accepting repayment should not accidentally confirm unknown future accounts or waive unrelated claims.

Choose the next step if payment does not follow

Repeated reminders need an eventual decision about recovery. Gather the file and seek legal help about the claim and litigation costs. A municipal reporting point may address misconduct but does not automatically award money. Deposit disputes do not automatically belong to the Huurcommissie. The kantonrechter can decide payment claims.

Avoid creating fresh arrears

Skipping final rent because the landlord holds a deposit can create a separate debt. Set-off needs an appropriate legal basis or clear agreement. Put proposals in writing and obtain confirmation rather than assuming silence means acceptance. A new deposit for your next home can explain practical urgency, while remaining separate from the legal basis of recovery.

  • Deposit payment and contractual clause
  • Confirmed agreement end date
  • Initial condition, inspections and departure photographs
  • Key receipt
  • Specification of each deduction
  • Calculation of received and outstanding amounts

Which repayment situation applies?

SituationWhat is missing?Focused action
No deduction identifiedPayment aloneRequest the full deposit
Unsupported deductionBasis and amountRequest specification and evidence
Partial repaymentRemainder and reasonPrepare a balance calculation
Deposit used as final rentClear set-off arrangementAssess payment position
In practice

Example: partial deposit repayment

A tenant paid €1,200 and receives €900 after termination. The message says only that €300 was retained for repair. The tenant requests the location, photographs, work and calculation, attaching a signed report describing the same mark as pre-existing wear.

The request becomes either repayment of the shortfall or evidence explaining tenant responsibility. The figures are illustrative. The report and surrounding facts determine the assessment in a real case rather than the example establishing an automatic outcome.

Explore your situation

Your rights come first

Frequently asked questions

Is the maximum deposit always two months?

Official guidance identifies two months’ basic rent for newer agreements; older arrangements have different starting points. Check the date before disputing the original amount. The original permitted amount and current repayment are separate questions. The current government guidance makes this specific: for contracts concluded on or after 1 July 2023, the maximum is two months of basic rent; for earlier contracts, it is three months of basic rent.

Can the agent simply tell me to call the owner?

Ask who acts for whom and where the request should be addressed. Keep the agreement and payment evidence. A practical referral does not settle legal repayment responsibility.

What if I lack initial photographs?

Collect the available report, advertisement, messages, maintenance reports and handover witnesses. Absence of an initial description can affect proof. Do not accept a charge merely because you lack photos.

Does a deposit settlement waive every claim?

That depends on the accepted text. A settlement can cover other claims too. Read final-discharge wording and request separate treatment of unknown service charges or losses before consenting.

Sources and editorial accountability

Official sources support the legal explanation. Relevant passages include direct references; the sources for this article are listed below.

Sources consulted on

  1. RijksoverheidRijksoverheid — security depositsrijksoverheid.nl
  2. RijksoverheidRijksoverheid — landlord obligationsrijksoverheid.nl
  3. Het Juridisch LoketJuridisch Loket — handing over a rented homejuridischloket.nl
  4. RechtspraakRechtspraak — tenancy disputesrechtspraak.nl

The links open the original publications, usually in Dutch.

Our editorial approach

The rules depend, among other things, on your contract date, type of accommodation and rental sector. Have your own circumstances and any deadlines assessed.

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Read more about your next step

Charges and depositLandlord withholding your deposit: check the reason and evidenceFinal inspection: hand over your rented home with clear evidenceLegal help with a tenancy disputeFind a tenancy lawyerPrepare your rental question

Legal review

Not legally reviewed yet

This version has not been reviewed by a lawyer or legal professional. Checking sources or editing text is not legal approval.

Editorial team Huurrecht in Nederland

We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.

Ricardo van der Spoel

Ricardo van der Spoel

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