Landlord withholding your deposit: check the reason and evidence

Identify the costs being deducted

Request written amounts and their basis. The Rijksoverheid landlord rules identify categories including unpaid rent, service charges, certain damage and energy performance payments. This does not freely permit a general management fee. Record whether an existing sum is deducted or the landlord merely intends further investigation.

Begin with the condition on arrival

Find the initial report, photographs and key-handover messages. Compare both visible features and their recorded descriptions. Existing minor damage that later expands raises different questions from an entirely new fault. Include maintenance correspondence: a problem reported during occupation may not appear in the initial report, while messages explain its development and the landlord’s prior knowledge.

Wear does not justify unlimited restoration costs

Occupation leaves traces. Distinguish age and ordinary use from damage for which you are responsible. Tenancy duration, prior condition and material can matter. A photograph does not automatically establish cause. The handover guidance explains evidential issues. State what you acknowledge and what the documents support disputing, rather than accepting every replacement as tenant-caused damage.

What if there is no initial description?

Absence of an adequate initial report can affect proof. Do not conclude that every claim is therefore impossible or automatically valid. Gather advertisement images, messages, witness information and earlier repair requests. Ask which comparison supports the claim and obtain advice on relevant evidential rules. A final report mainly describes the later condition, without necessarily proving the starting position.

Ask how repair costs were determined

Request work, quantities and price details. Is local repair possible, or is complete replacement immediately claimed? How was existing age considered? Buying new can improve on the pre-damage condition. Ask how the amount relates to actual loss. Do not invent a fixed depreciation table as the legal answer; reasonable compensation requires assessment of the specific item and evidence.

Check inspections and the chance to remedy

Retain preliminary and final inspection records and the issues expressly identified. If a problem first appears after departure, ask why it was not visible or raised earlier. A signature can acknowledge attendance, describe condition or accept costs. Read the whole text and document any opportunity and agreement to remedy a specified issue yourself.

Separate unpaid rent and other set-offs

Damage can be combined with alleged arrears. Check each amount independently against payment dates and rental periods. Request a balance schedule. Service charges require an account and support. A justified small damage item does not explain a much larger unspecified deduction. Request the undisputed remainder while identifying the component still under assessment.

Reply with a supported repayment request

The deposit guidance states 14 days generally and 30 days for the remainder where permitted deductions apply. Specify end date, deposit, part payments and disputed deduction. Attach relevant evidence and request a concrete answer. The letter tool creates a draft; seek assessment of the precise basis and older arrangements where needed.

Weigh settlement or proceedings

Identify whether you want documents, a smaller deduction or full repayment. Discuss costs and evidential risks with legal assistance. Read any settlement’s final-discharge wording. The kantonrechter can assess payment and damage. Municipal reporting does not automatically recover your money. Record a settlement’s amount, payment date and exact dispute resolved.

• Deposit balance and part payments
• Specification of every deducted item
• Initial description and photographs
• Maintenance reports during occupation
• Inspection reports and repair arrangements
• Invoice, work details and evidence concerning age