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Rights and Obligations Regarding Deposit Refund

What are the exact rights of tenants and obligations of landlords regarding deposit refunds? Including interest, deadlines, and prohibited deductions according to the law.

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Upon the refund of the deposit, tenants have clear rights, while landlords have obligations. The landlord must repay the deposit within one month after the end of the tenancy period, as stipulated in Article 7:266 of the Dutch Civil Code (BW). Deductions are only permitted for proven damage, cleaning costs, or outstanding bills, with supporting evidence.

Tenants are entitled to interest on the deposit from the day of payment until refund (statutory interest). If the landlord refuses, you can send a notice of default and subsequently litigate. Important obligations for landlords: no deduction of unreasonable costs for normal wear and tear, such as worn paint due to daily use. Tenants must leave the property in good condition according to the inspection report.

For private landlords, the deposit is often held on a blocked account; for housing associations, via internal systems. Disputes can be resolved via the Rent Tribunal (free of charge) or the district court. Example: deducting for 'carpet renewal' is unjustified if it is older than 5 years. Document everything with photos and witness statements. This protects both parties against misunderstandings. (202 words)