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Withholding Deposit in Utrecht: When Is a Landlord Allowed to Do This?

When is a landlord in Utrecht allowed to withhold a deposit? Learn the rules under Article 7:220 of the Dutch Civil Code, your rights in case of unjustified claims, and the steps to take via the Rent Tribunal or subdistrict court.

2 min leestijd
In Utrecht, a landlord may not withhold the deposit arbitrarily upon termination of a rental agreement. According to Article 7:220 of the Dutch Civil Code (BW), this is only permitted in cases of demonstrable damage to the property, such as in a typical Utrecht canal house or student accommodation, or in the event of outstanding rent or service charges. Damage must be reported within a reasonable period after check-out, supported by clear invoices and receipts. Local residents of Utrecht are aware that the municipality imposes strict requirements on property inspections, particularly in popular neighborhoods like Wittevrouwen or Kanaleneiland. In case of a dispute, you can engage the Rent Tribunal (Huurcommissie), which handles many rental disputes in Utrecht, or proceed directly to the subdistrict court located in the palace on Hamburgerstraat. Always prepare a detailed handover report with timestamped photographs during check-in and check-out, which is crucial for older rental properties in the city center. Unjustified withholding of the deposit entitles you to statutory interest from the end date of the rental period. Avoid verbal agreements with landlords in Utrecht’s student rental market; ensure everything is documented in writing, preferably using a model contract from the Rent Tribunal. For advice in Utrecht, consult the Legal Counter (Juridisch Loket) on the Oudegracht or tenant associations such as Woondiensten Utrecht.