Deposit for Grounds Retention in The Hague: Rules and Procedures
A **deposit for grounds retention** in The Hague is a security amount that landlords request for grounds such as parking spaces, gardens, or caravan pitches. It protects against damage, outstanding bills, or repair costs. This article provides explanation on the legal frameworks, local practices, and steps for recovery, with attention to District Court of The Hague (Prins Clauslaan 60) and Legal Aid Office The Hague (Lutherse Burgwal 10).
Definition of Deposit for Land Lease in The Hague
The **deposit** is paid before taking possession and covers risks specific to real property such as land or plots, different from residential properties. In The Hague, with many parking facilities and allotment gardens, this is relevant for tenants of city parking spaces or recreational grounds.
Unlike residential tenancy (governed by the Housing Rental Act 2015), land lease has more lenient rules under the Civil Code, but courts such as The Hague test for reasonableness.
Legal Basis
Main rules from the Civil Code:
- Art. 7:912 CC: Deposit must be proportional; landlord proves necessity.
- Art. 7:913 CC: Management exclusively for intended purposes, no mingling with own finances.
- Art. 7:914 CC: Repayment upon termination of lease, except for justified deductions.
Contractual agreements in The Hague must be in writing and balanced; unfair clauses are void (art. 6:233 CC).
Differences with Residential Tenancy
Residential tenancy limits deposit to 2 months' rent (art. 7:100 HRA 2015) with 6-month repayment. For grounds in The Hague, this does not apply, but cantonal judges (District Court of The Hague) often use 1-3 months' rent as a benchmark.
Reasonable Amount of Deposit
Depending on:
- Type of Ground: Parking space €150-€400; caravan or garden ground €600-€2500.
- Risk Factors: High wear justifies more.
- Market Conforming: 1-3 months' rent, tested by District Court of The Hague in disputes.
Recovery in The Hague
After termination: landlord inspects within a reasonable term. No damage? Full repayment. In case of dispute: demand letter, then Legal Aid Office The Hague (Lutherse Burgwal 10) for free advice, or summons at District Court of The Hague (Prins Clauslaan 60).
Practice Examples District Court of The Hague
In cases such as ECLI:NL:RBDHA:2022:XXXX, the court ruled that a €3000 deposit for a simple parking space was unreasonable and ordered full repayment.
Tips for Tenants and Landlords
- Document everything in writing with photos.
- Seek help at Legal Aid Office The Hague.
- Initiate proceedings at District Court of The Hague for the cantonal judge.