Landlord won't return my deposit — how do I get it back?
On deposit recovery you have strong rights: (1) Statutory right to refund within 14 days of lease end (Good Landlordship Act, since July 2023). (2) Max deposit: 2 months base rent (private sector) or 2 months bare rent (social). Above that = legally recoverable. (3) Send registered demand: 14-day term + statutory commercial interest on exceedance. Template at juridischloket.nl. (4) No response: Huurteam Amsterdam 020-523 0130 or Rent Tribunal 0700-5005 (social). Private: county court (fee €87 for <€25,000). (5) Burden on landlord: must prove what damage to deduct, with before-and-after photo evidence. No proof = full refund. Success rate: 80%+ with strong substantiation.
Step by step
- 1Keep evidence intake + handoverPhotos + video of room/property condition at intake and handover. Sign inspection report + keep copy. Damage report from landlord: request within 14 days.
- 2Send registered demand letterLetter: “Request for deposit refund within 14 days of end date [date] per Good Landlordship Act. On exceedance: statutory commercial interest from [date].” Template at juridischloket.nl.
- 3Call !WOON or Rent TribunalSocial: Rent Tribunal 0700-5005 — free procedure, ruling within 4 mo, binding. Private + Amsterdam: !WOON first for advice, then county court.
- 4No response: county courtClaims up to €25,000: county court without lawyer. Court fee €87 (2026). Default (landlord absent) = 90%+ win rate. Judgment within 4-8 weeks.
- 5Execute the judgmentWith judgment: bailiff seizes landlord's bank account. Bailiff recovers costs from landlord. No assets: bankruptcy petition possible but expensive.
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Frequently asked questions
What if landlord deducts repairs I didn't cause?
Burden on landlord. He must prove: 1) intake condition (without photo evidence = your advantage), 2) handover condition, 3) direct causation by you. Missing any of 3 = unjust deduction = full refund.
Can landlord indefinitely delay final settlement?
No. Legally: deposit refund within 14 days, final billing (energy/water remainder) within 30 days. On exceedance: statutory commercial interest plus possible wrongful-act claim for income loss.
How high can my deposit be?
Since July 2023: max 2 months base rent (private) or 2 months bare rent (social). Deposit above 2 months = legally recoverable via Rent Tribunal or !WOON, even during active lease.
Do I get statutory interest on withheld deposit?
Yes, from day 15 after lease end: statutory commercial interest (8% above ECB, =10.5% mid-2026). Mention in demand letter. On €1,500 deposit over 6 mo: ~€80 extra interest.
What if I have no written rental contract?
Oral rental agreement is legally valid. Evidence: bank statements for rent + key handover screenshot + witnesses. Burden on both sides. On conflict: county court without lawyer requirement.
Can landlord use deposit for last month rent?
NO, legally forbidden. Deposit is exclusively for damage compensation, not rent. If landlord proposes: refuse and pay last month normally. On refusal: county court.
Sources
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