When does a dispute over deposit refunds arise?
At the end of a tenancy period, a dispute may arise if the landlord fails to refund the deposit in full or in part. This often occurs due to disagreements over damage, outstanding rent, or cleaning costs. According to Article 7:249 of the Dutch Civil Code (BW), the landlord must refund the deposit within a reasonable period unless they have justified claims.
Steps in a dispute
- Notice of Default: Send a written reminder including proof of payment and the condition of the property.
- Mutual Agreement: Attempt an amicable settlement via the Rent Tribunal (Huurcommissie).
- Legal Proceedings: If unsuccessful, you may take the matter to the subdistrict court. Evidence such as photographs and inspection reports is crucial.
Limitation periods and deadlines
The limitation period for claims on the deposit is five years (Article 3:307 of the Dutch Civil Code). Tenants must act promptly. Landlords must submit their claims within one month of the termination of the lease.
Prevention tips
Conduct a joint inspection protocol with photographs at both check-in and check-out. This prevents 80% of disputes. Consider a professional inspection for objectivity.