What does the deposit transfer procedure in Utrecht entail?
The deposit transfer procedure involves transferring the rental deposit upon the sale of a rental property in Utrecht. This occurs when a landlord sells their property with an incumbent tenant. The deposit paid by the tenant to the previous owner must legally go to the new owner.
In Utrecht, this falls under the Dutch Civil Code and safeguards tenant rights upon transfer. The principle "purchase does not break the lease" preserves the tenancy agreement, including deposit obligations.
Legal basis for deposit transfer in Utrecht
The procedure is based on key statutory provisions:
Article 7:226 DCC - Purchase does not break the lease
This article states that the sale does not terminate the tenancy agreement. The new owner assumes rights and obligations, including the deposit.
Article 7:249 DCC - Deposit in tenancy
This provides that a landlord may demand a deposit but must repay it upon termination of the tenancy minus any claims. Upon sale, this transfers to the buyer.
Article 6:159 DCC - Change of creditor
Upon transfer of the property, the creditor changes; the new owner inherits the deposit right.
Step-by-step guide to deposit transfer in Utrecht
Preparation for sale
The selling landlord records the tenant and deposit in the purchase agreement. The exact amount is included in the deed at the notary in Utrecht.
During transfer
At notarial transfer of ownership (often at a Utrecht notary), the deposit transfers legally. Usually via set-off: the deposit reduces the purchase price.
After transfer
The new landlord informs the tenant in writing about:
- Change of ownership
- Deposit transfer
- New IBAN for rent
- Updated contacts
Rights and obligations of involved parties
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Preserve tenancy agreement; Deposit refund at end of tenancy; Information on transfer | Pay rent to new owner; Keep property tidy |
| Old landlord | Proceeds after deposit deduction; Discharge after transfer | Transfer deposit; Notify tenant; Set off in deed |
| New landlord | Rent income; Deposit for tenant defaults | Repay deposit; Honour contract; Inform tenant |
Consequences if deposit is not transferred in Utrecht
Without transfer, complications arise:
Tenant position
The tenant remains protected; at end of tenancy, they can approach both old and new landlord. In practice: approach new owner first due to succession.
Between owners
New owner repays deposit but did not receive it? They claim from seller. Tenant is uninvolved; this is their private matter.
District Court Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht, handles such tenancy disputes locally.
Tips for smooth deposit transfer in Utrecht
For tenants in Utrecht:
- Demand written confirmation - From both owners on deposit transfer
- Archive documents - Keep payment proof and emails
- Check contract - Verify deposit amount
- Contact new owner - Make direct arrangements
- Prefer blocked account - For new tenancy periods in Utrecht
- Seek help - At Juridisch Loket Utrecht, Catharijnesingel 55
For landlords (sellers) in Utrecht:
- Explicitly state deposit in purchase deed - Utrecht notary requires this
- Inform tenant timely - Prevent misunderstandings
- Check notarial handling - Ensure correct set-off
- Consult estate agent - Utilise Utrecht market knowledge
- Maintain administration - For potential disputes
Utrecht-specific considerations
In Utrecht, with its tight rental market, the same national rules apply but locally you can go to District Court Midden-Nederland (Vrouwe Justitiaplein 1) for judgments. The Juridisch Loket Utrecht (Catharijnesingel 55) offers free advice. For blocked accounts: consult the Government portal.