Rental deposits in the Netherlands: your rights and how to get yours back
Updated
The deposit (in Dutch, the waarborgsom or borg) is where a lot of renters quietly lose money, either by paying too much up front or by never seeing it again at the end. The good news is that the law changed in your favour, and a tenant who knows the rules has strong protection. This guide covers exactly how much a landlord can ask, what they're allowed to keep, and how to get your money back.
For the full picture on contracts, registration and finding a place, see our complete guide to renting in the Netherlands.
This is general information, not legal advice. For your specific situation, check the current rules with the Huurcommissie or Rijksoverheid, or speak to a tenancy lawyer.
How much deposit can a landlord ask for?
Since the Good Landlordship Act (Wet goed verhuurderschap), a security deposit is capped at a maximum of two months' basic rent. Basic rent means the bare rent, not including service costs. A landlord asking for three months, or for some large "reservation fee" on top, is not following the law. If you're being asked for more than two months' rent as a deposit, that alone is a reason to push back or walk away.
Pay the deposit only once you've seen the property in person (or through a genuine video viewing) and signed a written contract, and always pay it in a traceable way through your bank. Never in cash, never in crypto, and never to a "landlord" who can't meet you.
What a deposit is actually for
A deposit is security against specific things: unpaid rent, unpaid service costs, and damage you cause that goes beyond normal wear and tear. That last part matters. Normal wear and tear cannot be deducted from your deposit. Faded paint, small scuffs, a worn carpet from ordinary use, these are the landlord's cost, not yours. A landlord can only deduct for actual damage or unpaid amounts, and they have to be able to justify it.
The move-in inspection: your best protection
The single most effective thing you can do to protect your deposit happens on day one, not at the end. When you move in, document the exact condition of the property: take dated photos and video of every room, note any existing damage in writing, and ideally agree a written inspection record (opnamestaat) with the landlord that you both keep. This is your evidence. If a landlord later tries to charge you for a mark that was already there, your move-in photos settle it instantly.
Getting your deposit back: the 14-day rule
When your tenancy ends, the landlord must return your deposit within 14 days. If they are making deductions, they have to tell you what for and return the remaining amount, and the window for a deposit with itemised deductions is 30 days. They cannot simply keep it, go silent, or invent vague charges. If the 14 or 30 days pass with no return and no proper explanation, they are in breach.
What to do if your deposit isn't returned
Start in writing. Send the landlord a clear, dated message stating the tenancy end date, that the legal return window has passed, and that you expect the deposit returned. Keep it factual and keep a copy. A surprising number of cases resolve at this step, because the landlord knows the law is not on their side.
If that doesn't work, you have real routes. The Huurcommissie (the national rent tribunal) can assess certain deposit disputes. Separately, the Good Landlordship Act made this a matter your municipality enforces: most municipalities now run a reporting point (meldpunt) for bad landlord behaviour, and they can act against a landlord who breaks the deposit rules. As a final route, small unpaid deposits can be pursued through the courts. Keep every document, every payment record, and your move-in photos, and you're in a strong position.
Protect yourself: the short checklist
Never pay a deposit before a viewing and a signed contract. Never pay more than two months' basic rent. Always pay traceably through your bank. Photograph everything on move-in. Get the condition in writing. Keep every message and receipt. Do these, and the deposit stops being a risk and becomes what it's supposed to be, a formality you get back.
Frequently asked questions
How much deposit can a landlord legally ask for in the Netherlands?
A maximum of two months' basic rent under the Good Landlordship Act. Anything above that, or an extra large "reservation fee," is not permitted.
When do I have to get my deposit back?
Within 14 days of the tenancy ending, or within 30 days if the landlord is making itemised deductions and returning the rest. After that they are in breach.
Can a landlord keep my deposit for normal wear and tear?
No. Normal wear and tear from ordinary living, like faded paint or a worn carpet, cannot be deducted. Only actual damage you caused or unpaid amounts can.
What if my landlord refuses to return my deposit?
Put your demand in writing first. If that fails, you can turn to the Huurcommissie, report it to your municipality's landlord reporting point under the Good Landlordship Act, or pursue it through the courts. Your move-in photos and payment records are key evidence.
Should I pay a deposit to reserve a place before viewing it?
Never. A request to pay before you've viewed the property and signed a contract is the most common rental scam in the Netherlands.
Find your next place with confidence
Knowing your deposit rights means you can move quickly on a good listing without worrying you'll be taken advantage of. Set up a saved search on Findrent, turn on instant alerts, and when the right place appears you'll be ready, and protected. Browse current listings in Amsterdam, Rotterdam, Utrecht, or any city, or read next about how to find a rental and beat the competition.