May the deposit in Utrecht be indexed?
Yes, in Utrecht the deposit may be adjusted annually to inflation pursuant to article 7:249 of the Dutch Civil Code (BW), provided that this is explicitly included in the lease agreement. This follows the consumer price index (CPI) of Statistics Netherlands (CBS), which is particularly relevant in the Utrecht rental market with rising prices due to the popularity of neighbourhoods such as Kanaleneiland and Lombok.
Calculation method for tenants in Utrecht
Formula: New deposit = Old deposit × (New CPI / Old CPI). Example specific to Utrecht: For a deposit of €1200 (common for an apartment in the city centre) and a CPI increase from 120 to 125, the new deposit becomes €1250. Tenants in Utrecht can easily check this via the CBS website or the local Huurteam Utrecht.
Procedure for adjustment in Utrecht
- Send timely written notice with detailed calculation, ideally before 1 July for the new rental year.
- Tenant pays the difference; landlord deposits it into a blocked account at a Utrecht bank such as Rabobank or ING.
- Upon termination of the tenancy, repayment of the adjusted amount within 30 days, in accordance with local practices at the District Court of Midden-Nederland.
Disputes and limits in Utrecht
The deposit in Utrecht may never exceed two times the monthly rent (statutory maximum pursuant to article 7:249 paragraph 3 of the Dutch Civil Code (BW)). In case of exceedance, the tenant may demand a reduction via the Huurcommissie Utrecht or the municipality. Local disputes are often handled by the Juridisch Loket Utrecht, which provides free advice to tenants in the region.