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Dispute Resolution for Unjustly Withheld Security Deposit

How do you resolve disputes over unjustly withheld security deposits? From the Rent Tribunal to the district court: steps, evidence, and success rates.

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When the landlord unjustly withholds the security deposit, the law provides several avenues for dispute resolution. First, send a formal demand letter with a request for specification. No response? File a complaint with the Huurcommissie, which advises within 6 weeks (non-binding, but often followed). For a binding decision: serve a writ of summons on the kantonrechter, where no lawyer is required up to €25,000.

Evidence is crucial: photos, emails, invoices, and the end-of-tenancy inspection report. The judge rules on the basis of 'reasonableness and fairness' (art. 6:248 BW). Unproven costs are often rejected. The same rules apply to room rentals or temporary contracts, but pay attention to notice periods.

Costs: court fee €85 for the kantonrechter, often recoverable upon winning. Tenants' organisations such as Woonbond provide assistance. Statistics: 70% of disputes are decided in favour of the tenant due to lack of evidence. Prevent escalation through mediation via the letting agent. Upon success: full repayment plus procedural costs and interest. (199 words)