Deposit for Rental in Rijswijk - Rules and Recovery
A deposit, also known as a security deposit, is an amount of money that tenants in Rijswijk pay to the landlord at the start of a tenancy agreement as financial security. Many tenants have questions about the amount of this sum, the conditions, and the repayment procedure.
What Does a Deposit Entail?
The deposit serves as a guarantee for the landlord and covers potential costs such as:
- Arrears of rent at the end of the tenancy period
- Damage to the property beyond normal wear and tear
- Unpaid service charges
- Costs due to non-compliance with obligations, such as leaving the property unclean
Amount of the Deposit in Rijswijk
Although there is no statutory maximum for the deposit, there are common guidelines in practice:
| Type of Rental | Usual Deposit |
|---|---|
| Social housing | 1 month's basic rent |
| Private sector rental | 1 to 3 months' basic rent |
| Furnished properties | Maximum 3 months plus inventory costs |
An extremely high deposit may be deemed unreasonable by a judge, for example at the Rechtbank Den Haag, under which Rijswijk falls.
Documenting the Condition of the Property
To avoid conflicts upon termination of the tenancy, drawing up a handover report is crucial:
At the Start of the Tenancy
- Inspect the property together with the landlord
- Record all existing damage and defects
- Take dated photos and videos as evidence
- Ensure both parties sign the report
Upon Termination of the Tenancy
- Organise a final inspection with the landlord
- Compare the current condition with the initial report
- Document any differences or disputes
When Can the Landlord Retain the Deposit?
A landlord in Rijswijk may withhold the deposit (in part) in cases of:
- Rent arrears: Unpaid rent or service charges
- Damage: Damage beyond normal wear and tear
- Non-compliance with obligations: For example, a property not cleaned
- Lost keys: Costs for replacing locks
What Falls Under Normal Wear and Tear?
The landlord may not deduct costs for normal wear and tear. Some examples:
| Normal Wear and Tear (no deduction) | Damage (deductible) |
|---|---|
| Fading of walls due to light | Heavy damage to walls |
| Minor usage marks on floors | Burn marks in wooden floors |
| Discoloured grout in bathroom | Broken tiles |
| Wear on door handles | Forced entry damage to doors |
Recovering the Deposit
Upon termination of the tenancy, the landlord must refund the deposit:
- Timeframe: No fixed statutory period, but 1-2 months is customary
- Settlement: With an overview of any deductions
- Substantiation: Evidence for withheld amounts
What if a Dispute Arises?
If the landlord in Rijswijk does not refund the deposit (in full), you can take the following steps:
- Written demand: Send a registered letter with a deadline
- Request details: Ask for a specification of the deductions
- Gather evidence: Keep photos, handover reports, and emails
- Juridisch Loket Rijswijk: Seek free legal advice
- Huurcommissie: In case of disagreement over service charges
- Rechtbank Den Haag: Initiate proceedings for recovery
Sample Letter for Recovery
In a demand letter to the landlord, you can include:
- Date on which the tenancy ended
- The amount of the deposited deposit
- Request for repayment within two weeks
- Your bank details for the transfer
- Threat of legal action if payment is not made
Interest on the Deposit
In general, a tenant has no right to interest on the deposit, except:
- If explicitly stated in the tenancy agreement
- If the landlord refunds late (statutory interest)
Deposit with Housing Associations in Rijswijk
Housing associations in Rijswijk often apply uniform rules:
- Maximum one month's basic rent as deposit
- Transparent procedure for repayment
- Option for instalment payment of the deposit
Frequently Asked Questions about Deposits
Can the deposit be used as the last month's rent?
No, the deposit is solely intended as security and not as a substitute for rent. You must pay the rent until the end.
What if no handover report was drawn up?
Without a report, it is difficult to prove the original condition of the property. The burden of proof then lies with you. Still take photos and seek witnesses if possible.