Deposit not returned in the Netherlands: the 14-day rule and how to get it back
What the law says, what your landlord may deduct, and the three steps that make them pay.
A landlord who keeps the deposit is one of the most common problems expats run into when they move out. It is also harder to chase once you have left the country. The law is on your side: since the Wet goed verhuurderschap took effect, deposits have a legal maximum, a legal deadline and a short list of allowed deductions.
This guide covers the rules and the steps, from a letter to the municipality to the kantonrechter. If the problem is your rent itself, our Huurcommissie guide covers that, and our legal insurance comparison covers protection for next time.
The rules in short
- 14 days after the tenancy ends, the full deposit must be back in your account.
- 30 days if the landlord deducts costs, and only for four kinds of costs.
- 2 months' basic rent is the maximum deposit on contracts from 1 July 2023.
- No lawyer is needed to take a rental dispute to the kantonrechter.
Table of contents
What the law says about deposits
The deposit (waarborgsom or borg) is regulated by the Wet goed verhuurderschap, the Good Landlord Act. The government summarises the rules for tenants on Rijksoverheid and for landlords in a separate overview. Both say the same thing about timing and amounts.
| Rule | What it means for you |
|---|---|
| Maximum deposit | 2 months' basic rent for contracts from 1 July 2023; 3 months for older contracts |
| Full refund | Within 14 days after the tenancy ends |
| Refund with deductions | The remainder within 30 days after the tenancy ends |
| Allowed deductions | Unpaid rent, service costs, damage you caused, energy performance fee |
| Municipal meldpunt | Every municipality has one; your landlord must tell you how to reach it (since 1 January 2024) |
Paid a deposit above the maximum? That is not allowed under the Wet goed verhuurderschap, so raise it with your landlord and the municipal meldpunt. And if a landlord asked for money before you even saw a contract, read our rental scams guide first, because that pattern is how most housing fraud starts.
What your landlord may deduct
Allowed
- Rent you still owe
- Service costs (servicekosten) you still owe
- Damage you caused
- The energy performance fee (energieprestatievergoeding)
Not allowed
- Administration or contract costs
- Anything outside the four categories, however it is labelled
- Keeping the whole amount without specifying what it covers
"Damage you caused" is where most arguments happen. Ask the landlord to show what the damage is and what the repair costs. That is why the moving-out evidence in the next section matters.
Before you hand back the keys
Most deposit disputes are won or lost on evidence. A few minutes on your last day makes a later claim far easier, especially if you will be abroad by the time the landlord replies.
- Photograph and film every room, including walls, floors, appliances and the meter readings, with the date visible.
- Ask for a joint inspection (oplevering) and a signed report of its outcome.
- Give your IBAN and the date the tenancy ends in writing, by email, so the 14 days have a clear start.
- Keep your contract, payment proof of the deposit and every message with the landlord.
Leaving the country? Keep your Dutch bank account open until the deposit arrives. Closing it first gives the landlord an easy excuse for delay.
Three steps to get your deposit back
Rijksoverheid lists the same escalation: a letter, then the municipality, then the court. Each step costs a little more effort, and many landlords pay at the first or second.
Step 1: a formal letter
Once the 14 days (or 30 with deductions) have passed, send a letter or email asking for payment within a fixed period, for example 14 days. Refer to the legal deadline and ask for a written breakdown of any deduction. Juridisch Loket publishes a free template letter for reclaiming a deposit in Dutch.
Step 2: the municipal meldpunt
Every municipality runs a meldpunt for tenant complaints under the Wet goed verhuurderschap, and the landlord must have given you its contact details. The municipality can issue a fine (bestuurlijke boete) to a landlord who breaks the rules, and in serious cases take over management of the property. A report also builds a record if other tenants have the same problem.
Step 3: the kantonrechter
If the landlord still does not pay, you can start a case at the kantonrechter. In rental cases you do not need a lawyer. You pay a court fee (griffierecht) that depends on the amount you claim, and Rechtspraak.nl explains the procedure.
A court case from abroad is possible but slow. If you are leaving the Netherlands, start steps 1 and 2 before you go, and decide early whether you want someone to handle the case for you.
Legal help if your landlord refuses
Juridisch Loket gives free advice on where you stand. If you want someone to write to the landlord and take the case further, you need a lawyer, and here timing matters. A legal insurance policy taken out now will not cover a deposit dispute that has already started.
Already in a dispute? A lawyer on subscription
Legalec gives you a lawyer for a fixed monthly fee, and rental law and landlord disputes are among the areas it lists. Its Normal plan (€68.06 a month, 12-month term) also takes on a conflict that is already running, which no insurer will. Basic is €37.81 a month for 5 cases a year, with no waiting period.
See Legalec plansAffiliate link. No extra cost to you, keeps our expat guides free.
Renting again? Get covered before the next problem
Legal insurance with housing cover handles future landlord disputes for a few euros a month. The cheapest we found, FBTO Basis, covers your rented home, your work and your purchases for €10.97 a month for one person, after a 3-month waiting period. Our legal insurance comparison sets it against five other insurers, and FBTO vs InShared compares it with its closest rival. Pair it with renters insurance for your belongings.
The FBTO link is an affiliate link. No extra cost to you, keeps our expat guides free.
Frequently asked questions
How long does my landlord have to return my deposit?
14 days after the tenancy ends. If the landlord deducts costs, the rest must be paid within 30 days. These deadlines come from the Wet goed verhuurderschap.
What may a landlord deduct from the deposit?
Only four things: unpaid rent, service costs, damage you caused, and the energy performance fee (energieprestatievergoeding). Other costs, such as administration fees, may not be taken from the deposit.
How high can a deposit be?
For contracts signed on or after 1 July 2023, at most 2 months' basic rent (kale huur). Contracts signed before that date could ask up to 3 months. If you paid more, you can reclaim the excess.
Do I need a lawyer to take my landlord to court?
No. Rental disputes go to the kantonrechter, where you may represent yourself. You pay a court fee (griffierecht) that depends on the amount you claim. A lawyer or legal service is optional, but useful if the landlord disputes the deductions.
Will legal insurance pay for a deposit dispute I already have?
No. Every Dutch legal insurer excludes conflicts that started before the policy, and most add a 3-month waiting period. For a dispute that is already running, use Juridisch Loket for free advice, or a legal subscription such as Legalec whose Normal plan takes on running cases.
Can the municipality help?
Yes. Under the Wet goed verhuurderschap every municipality runs a meldpunt for tenant complaints, and since 1 January 2024 your landlord must give you its contact details. The municipality can fine landlords who break the rules.
Official sources
- • Rijksoverheid: maximum deposit, the 14-day rule and the four allowed deductions
- • Rijksoverheid rules for landlords: the 30-day rule with deductions and the municipal meldpunt
- • Juridisch Loket: template letter to reclaim a deposit
- • Rechtspraak.nl: rental cases at the kantonrechter