You moved out, left the place clean, and weeks later your waarborgsom (deposit) still has not appeared, or the landlord has docked it for “damage” that is really normal wear. Withheld deposits are one of the most common expat disputes, and the law is firmly on the tenant’s side. Here is how to get your money back.
The rule: 14 days, or 30 if they are deducting
Since the Wet goed verhuurderschap (Good Landlord Act) the deadlines are written into law, and they are counted from the end of the tenancy, not from whenever the landlord gets round to the final inspection. Per the government’s rules for landlords:
| Deadline | |
|---|---|
| Deposit returned in full | 14 days after the tenancy ends |
| Deposit returned with costs deducted | 30 days after the tenancy ends |
The 30-day term is not a general extension. It exists only for the case where the landlord is actually settling something against the deposit, and they still have to tell you what and why. A landlord who simply goes quiet is in breach at day 15.
Two more numbers from the same law are worth knowing, because a lot of expats were overcharged before they learned them:
- The deposit itself is capped at two months’ bare rent (kale huur) for contracts signed on or after 1 July 2023. For older contracts the cap is three months. If you paid more than that on a recent contract, the excess is simply not owed.
- Since 1 January 2024 the landlord must tell you in writing how much the deposit is, by when and how it will be repaid, and the contact details of the gemeente’s meldpunt. Not doing so is itself a breach of the law.
As DutchReview’s guide to getting your deposit back explains and iamexpat covers on rental deposits, the landlord may only withhold money for unpaid rent or actual damage you caused, never for normal wear and tear (gebruikelijke slijtage).
The escalation, step by step
If the deadline passes, Huurteam Nederland sets out the path:
| Step | Dutch | What it does |
|---|---|---|
| 1. Written request | Verzoek per e-mail/brief | Ask for it back, give 14 days |
| 2. Default notice | Ingebrekestelling | Registered letter, final 14 days |
| 3. Report to the gemeente | Meldpunt goed verhuurderschap | Free, and the gemeente can enforce against the landlord |
| 4. Free legal advice | Juridisch Loket | Checks your case and the letter |
| 5. Court | Kantonrechter | Small claims, no lawyer needed below 25,000 euros |
Step 3 is the one most guides still leave out, and it is free. Every gemeente has been required to run a meldpunt since the Wet goed verhuurderschap came into force, where a tenant can report a landlord who breaks its rules, including the deposit rules. It is an enforcement route rather than a way to get a judgment for your money, so it runs alongside the letters rather than replacing them, but a landlord who ignores a tenant rarely ignores the gemeente.
The key formal step is the ingebrekestelling (notice of default): a registered letter stating the landlord is late, demanding payment within a final deadline, and announcing further action. It is required before court and often works on its own, because it signals you know your rights. One common confusion: the Huurcommissie rules on rent levels and service costs, not on deposits; a deposit fight goes to the Juridisch Loket for advice and then to the kantonrechter.
Protect yourself from the start
Disputes are won with evidence. Do a written move-in and move-out inspection (inspectierapport), with dated photos, so the landlord cannot invent damage later. This is exactly what your rental contract sets out about deposits and condition, and the vocabulary overlaps the Dutch phrases for renting an apartment. The free Juridisch Loket gives initial advice, and note your claim does not expire for five years, so even if you have left the country, you can still pursue it.
The words
Waarborgsom / borg (deposit), ingebrekestelling (default notice), gebruikelijke slijtage (normal wear and tear), inspectierapport (inspection report), terugbetalen (to repay), Huurcommissie (rental tribunal), kantonrechter (subdistrict judge). A firm opening line: “Volgens de wet moet u de waarborgsom binnen 14 dagen terugbetalen. Bij dezen stel ik u in gebreke.” (By law you must return the deposit within 14 days. I hereby give you formal notice of default.) If your dispute is about energy costs or the home’s condition, the energy label and a quick locksmith or lock change are related move-out concerns.
What they can deduct, and what they cannot
A landlord may deduct only for real damage you caused, beyond normal use, and for unpaid rent or service costs. They may not deduct for normal slijtage (wear and tear: faded paint, worn carpet, small nail holes) or for their own overdue maintenance. The government’s page on the waarborgsom sets the 14-day rule, and as Huurteam Nederland explains the burden of proof is on the landlord: they must show the damage was not there when you moved in, which is why a signed opnamestaat (entry inspection report) decides most disputes before they start.
The letter to send
When the deadline passes, write a dated demand. This structure works, and it reads as someone who knows the rules:
Geachte heer/mevrouw, de huur van [adres] is op [datum] beëindigd. Ik verzoek u vriendelijk de waarborgsom van EUR [bedrag] binnen 14 dagen terug te storten op [IBAN]. Mocht u kosten willen inhouden, dan ontvang ik graag een onderbouwing met bewijs.
(Dear Sir or Madam, the tenancy of [address] ended on [date]. I ask you to return the deposit of EUR [amount] to [IBAN] within 14 days. If you intend to withhold any costs, I would like to receive an itemised justification with evidence.) Send it by email and, if there is no answer, again as the registered ingebrekestelling described below. Keep the photos, the opnamestaat and the bank details together.
If you rent in Flanders, almost none of the above applies
Everything so far is Dutch law. Cross into Dutch-speaking Belgium and the deposit works differently enough to catch people who have rented in both.
Under the Vlaams Woninghuurdecreet the huurwaarborg (deposit) is capped at three months’ rent, and it does not sit in your landlord’s account. The tenant places it in an individualised account in the tenant’s own name, and the interest is capitalised for the tenant, not the landlord. If a Flemish landlord asks you to transfer a deposit to their personal account, that is the moment to stop.
The term that decides most Flemish deposit disputes is the plaatsbeschrijving (condition report). It is legally required, drawn up at the start of the lease, and it records the state of the property so that end-of-tenancy damage can be judged against something. Here is the part worth memorising: if no plaatsbeschrijving was made at move-in, the law assumes you received the property in good condition, and you can reclaim the full deposit even where there is real damage. The report protects the landlord when it exists and protects you when it does not, so never let a Flemish landlord skip it on your behalf, and never sign one you have not read.
Two more Flemish obligations land on the landlord, not you: the huurcontract must be in writing, with the parties, property, duration, rent and payment set out, and the landlord must provide an EPC (energieprestatiecertificaat, the energy performance certificate) when offering the property. A landlord who has neither is not ready to let.
| Vlaams | English |
|---|---|
| huurwaarborg | rental deposit, capped at three months |
| plaatsbeschrijving | condition report, legally required |
| EPC | energy performance certificate |
| immokantoor | estate agency |
| verhuurder / huurder | landlord / tenant |
| opzegtermijn | notice period |
The bottom line
Your landlord has 14 days from the end of the tenancy to return the waarborgsom, or 30 if they are genuinely deducting costs, and can only deduct for real damage or arrears. On a contract signed since 1 July 2023 the deposit itself may not exceed two months’ bare rent. If they stall, escalate cleanly: written request, ingebrekestelling, a free report to the gemeente’s meldpunt, then the kantonrechter (not the Huurcommissie, which does not handle deposits). Back it with a dated inspection report and photos, lean on the free Juridisch Loket, and remember the law, and the five-year window, are on your side.
Where it connects
The deposit fight is usually decided by the inspection report you signed at the start, which is part of the Funda and landlord vocabulary and of knowing what kaal, gestoffeerd and gemeubileerd mean before you accept the place. Damage claims often start with something that broke, such as the meterkast.
Frequently asked questions
How do I get my deposit back from a Dutch landlord?
The landlord must return the waarborgsom to your bank account within 14 days of the tenancy ending, or within 30 days if they are genuinely settling costs against it. If nothing arrives, send a written request with your IBAN and a 14-day deadline, then a registered ingebrekestelling (formal notice of default). You can also report the landlord free of charge to your gemeente’s meldpunt goed verhuurderschap, which can enforce against them. If they still refuse, the kantonrechter handles the claim and you do not need a lawyer below 25,000 euros. Deductions are only lawful for unpaid rent or real damage, and the landlord must prove the damage was not already there.
What is an ingebrekestelling?
An ingebrekestelling is a formal notice of default: a registered letter stating that the landlord has failed to return your deposit on time, demanding payment within a final deadline (usually 14 days), and announcing further steps if they do not comply. It is a required step before court and often prompts payment by itself, because it shows you are serious.
Can a Dutch landlord deduct wear and tear from my deposit?
No. Normal wear (gebruikelijke slijtage) such as faded paint, worn flooring or small nail holes is the landlord’s cost, not yours. Deductions are allowed only for damage beyond normal use and for unpaid rent or service costs, and the landlord has to prove the damage was not there when you moved in. Without a signed entry inspection report they usually cannot.
Does the Huurcommissie handle deposit disputes?
No. The Huurcommissie rules on rent levels, service costs and maintenance for regulated rentals, not on deposits. For a withheld waarborgsom you send a written demand, then a registered ingebrekestelling, then take it to the kantonrechter; the free Juridisch Loket will check your case first. The claim does not expire for five years.
How much deposit can a landlord in Flanders ask for?
Three months’ rent at most, under the Vlaams Woninghuurdecreet, and it is not paid to the landlord directly. The tenant places the huurwaarborg in an individualised account in the tenant’s own name, and the interest is capitalised for the tenant. This is different from the Netherlands, so renting in both places means learning two sets of rules.
What is a plaatsbeschrijving and why does it decide Flemish deposit disputes?
A plaatsbeschrijving is the condition report drawn up at the start of a Flemish lease, and it is legally required. It records the state of the property so that damage at the end can be judged against something concrete. If no plaatsbeschrijving was made at move-in, the law assumes you received the property in good condition, which means you can reclaim the full deposit even where there is real damage.
