Withholding Deposit: What Evidence is Required?

In the case of withholding the deposit for land lease, the lessor must provide concrete evidence. Possible grounds include damage to the land, such as broken-up paving, overdue rent or cleaning costs. According to Article 7:241 of the Dutch Civil Code (BW), the lessor must inform the lessee in a timely manner about the withholding, with a specification and supporting documents such as invoices, photos or expert reports. Normal wear and tear, such as grass growth or light marks, does not qualify as damage. Lessees can challenge the withholding by providing their own evidence, such as an end inspection. The lessor bears the burden of proof; no invoices means no withholding. In case of disagreement, the cantonal court decides, which often awards half if evidence is lacking. Practical examples: for a caravan site, seasonal maintenance may not be withheld. Always keep the lease intake report and correspondence. Lessors: prepare a detailed damage statement within 14 days after departure. This prevents procedures and lawsuits. Lessees: respond in writing to claims. This way, you effectively enforce your rights. (199 words)