Rental Deposit Rights in the Netherlands

Last updated: 2026-08-11

How does a rental deposit work in the Netherlands and when is it too high?

A Dutch deposit (waarborgsom) is security against damage or unpaid rent and should be returned at the end of the tenancy minus documented deductions. For contracts signed on or after 1 July 2023, the deposit may not exceed 2 months' kale huur (excluding service costs). Protect yourself with dated move-in and move-out photos and clear contract terms.

Key facts

Fact 1
As of 2026-08-11: The deposit (waarborgsom) is security, returned minus documented deductions.
Fact 2
As of 2026-08-11: For contracts signed on or after 1 July 2023, the deposit may not exceed 2 months' base rent (kale huur only, excluding service costs). Older contracts are not automatically capped the same way.

Source: Wet goed verhuurderschap; BW art. 7:261b — 2 months' kale huur for contracts signed on/after 1 July 2023. Verified 2026-08-11.

Fact 3
As of 2026-08-11: Dated move-in and move-out photos are your strongest evidence.
Fact 4
As of 2026-08-11: Screening should check the contract date before treating deposit size as a statutory violation.

Source: Wet goed verhuurderschap; BW art. 7:261b — 2 months' kale huur for contracts signed on/after 1 July 2023. Verified 2026-08-11.

The deposit is one of the largest upfront costs of renting, and also one of the most common sources of disputes when a tenancy ends. In the Netherlands the deposit, or waarborgsom, is money you pay at the start as security against damage or unpaid rent, and it should come back to you at the end minus any legitimate, documented deductions. Problems arise when the amount exceeds the statutory cap for newer contracts, when return conditions are vague, or — in the worst case — when a "deposit" is really the bait in a scam. This guide explains how deposits normally work, when an amount is a legal red flag, and how to maximise your chances of getting your money back.

How deposits normally work

A deposit (waarborgsom) is money you pay at the start of a tenancy as security against damage or unpaid rent. It should be returned at the end of the tenancy, minus any legitimate, documented deductions. To protect yourself, record the condition of the property when you move in with dated photos and a written inventory, and do the same when you move out. Keep proof of all payments. A clear contract will state the deposit amount and the conditions for its return.

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When a deposit amount is a red flag

For rental contracts signed on or after 1 July 2023 (Wet goed verhuurderschap; BW art. 7:261b), the deposit (waarborgsom) may not exceed two months' base rent (kale huur). Service costs are excluded from that base. Contracts signed before 1 July 2023 are not automatically subject to this statutory cap. Screening tools should therefore check the contract date before treating deposit size alone as a legal-maximum violation.

Source: Wet goed verhuurderschap; BW art. 7:261b — 2 months' kale huur for contracts signed on/after 1 July 2023. Verified 2026-08-11.

Getting your deposit back

At the end of the tenancy, provide your new bank details, hand back the property in the agreed condition, and ask for the deposit to be returned within a reasonable period. If the landlord withholds part of it, ask for an itemised explanation of the deductions with evidence. If you disagree, raise it in writing; disputes about deposits and service costs can often be taken to the Huurcommissie or, if needed, another appropriate channel. Your move-in and move-out records are your strongest evidence. Send your request in writing and keep a dated copy, set a reasonable deadline for the refund, and follow up promptly if the money does not arrive, because a clear timeline helps if you later need to escalate the dispute. When you first signed, also note the contract date: for agreements from 1 July 2023 onward the statutory size cap is two months' kale huur, which can matter if the original amount was already too high.

Frequently asked questions

What is a waarborgsom?
A waarborgsom is the Dutch rental deposit: money paid at the start of a tenancy as security against damage or unpaid rent, returned at the end minus any legitimate, documented deductions.
When is a deposit too high?
For contracts signed on or after 1 July 2023, the deposit may not exceed 2 months' base rent (kale huur only, excluding service costs). Older contracts are not automatically capped the same way.

Source: Wet goed verhuurderschap; BW art. 7:261b — 2 months' kale huur for contracts signed on/after 1 July 2023. Verified 2026-08-11.

How do I get my deposit back?
Hand back the property in the agreed condition, provide your bank details, and request the return within a reasonable period. If deductions are made, ask for an itemised explanation with evidence.
What if the landlord won't return my deposit?
Raise it in writing and rely on your dated move-in and move-out records. Disputes about deposits and service costs can often be taken to the Huurcommissie or another appropriate channel.
How many months’ deposit is normal in the Netherlands?
For contracts signed on or after 1 July 2023, the deposit may not exceed 2 months' base rent (kale huur only, excluding service costs). Older contracts are not automatically capped the same way.

Source: Wet goed verhuurderschap; BW art. 7:261b — 2 months' kale huur for contracts signed on/after 1 July 2023. Verified 2026-08-11.

When should I get my borg back?
After you hand back the property in the agreed condition, request return within a reasonable period and ask for itemised deductions with evidence.
Can a landlord keep my deposit for normal wear and tear?
Deductions should be legitimate and documented. Dispute unclear charges in writing and keep move-in/out photos.
What if the contract is silent on deposit return?
Ask to add clear return conditions before signing. Vague deposit terms are harder to enforce later.
Should I pay the deposit before signing?
Prefer paying only after a signed contract via a traceable method. Paying a deposit before viewing is a scam red flag.

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This is an automated informational review, not legal advice. No lawyer-client relationship is created. For advice about your specific situation, consult a qualified professional.