What is the legal maximum for a deposit? Read about limits in rental and purchase agreements and how to challenge excessive demands.
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Arslan AdvocatenLegal Editorial
1 min leestijd
The amount of a deposit is legally limited to prevent abuse. In the rental sector, a deposit may be at most equal to three months' rent (art. 7:285 BW), unless otherwise agreed in exceptional cases. For room rental, a maximum of one month applies. For the purchase of real estate, there is no fixed maximum, but reasonableness and fairness (art. 6:248 BW) play a role; often 10% of the purchase price. Excessively high amounts can be declared invalid by the court. Calculate the deposit based on risks such as damage or non-performance. Landlords must deposit the amount with a recognised institution such as the Central Government or the Woonbond. Exceeding the limit leads to repayment and fines.