Special Rules for Room Rentals
In room rentals involving multiple tenants, the security deposit is often a single amount for the entire property. Article 7:249(2) of the Dutch Civil Code (BW) requires the landlord to manage and allocate the deposit upon the departure of individual tenants.
Allocation Method
- Proportional: Allocate based on rental period or room size.
- Damage attribution: Charge only the responsible tenant.
- Collective pool: For joint tenancy agreements, allocate pro rata.
Practical Procedure
1. Document individual contributions in the tenancy agreement. 2. Conduct a per-tenant checkout using a shared checklist. 3. Disburse payments with the consent of remaining tenants to prevent future claims.
Legal Obligations
Landlords must hold the security deposit in an interest-bearing account (Article 7:249(3) BW). Mismanagement may result in penalties. Tenants may take joint action against unlawful withholdings.