Deposit disputes: building a case file that holds up
The deposit rules changed in 2023. What the law asks for now, and the documents that make a deduction easy to explain.
Key takeaways
- A deposit is at most two months of basic rent for new contracts.
- It goes back within 14 days, or 30 days if part is kept for damage.
- Every deduction needs photos, an invoice and a clause.
What changed in 2023
Since the Wet goed verhuurderschap took effect on 1 July 2023, a deposit for a new contract may be at most twice the basic monthly rent. It has to be returned within 14 days after the tenancy ends, or within 30 days if part of it is kept for damage.
Every deduction needs a reason
A deduction is only easy to defend when it is clear what was wrong, that it was not there at the start, and what it cost to fix. That comes down to a few documents, in date order:
- The move-in inspection report, with photos
- The move-out inspection report, with photos of the same rooms
- The invoice or quote for each repair
- The contract clauses and house rules you rely on
- Every message with the tenant about the deposit
Normal wear is not damage
Faded paint, small marks on walls and worn carpet after years of use are normal wear and tear. They cannot be deducted. Being explicit about what you did not deduct often prevents a dispute: it shows the statement is fair.
If it does become a dispute
Most deposit disagreements end with a clear statement and a conversation. When they do not, the tenant can take the case to the kantonrechter. A file that is complete, dated and easy to follow saves everyone time at that point.
How Sargo helps
Sargo compares the move-in and move-out reports, links each deduction to its photos and invoice, and drafts one clear statement for the tenant. See how it works for litigation work. Nothing is sent until your team has checked it.
Questions and answers
How long does a landlord have to return a deposit in the Netherlands?
Within 14 days after the tenancy ends. If part of the deposit is kept for damage, the landlord has 30 days and has to explain each deduction.
Can normal wear and tear be deducted from the deposit?
No. Faded paint, small marks and worn carpet after normal use are wear and tear and cannot be deducted.
Sargo reads the message, finds the clause and prepares the decision. Your team approves.
This article is general information, not legal advice. Rules change; check the current law or ask an adviser for your situation.
