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Deposit for Grounds for Withholding in Delft

Deposit for grounds for withholding in Delft: discover the rules, your rights as tenant or landlord, and how to get your deposit back. Advice via Juridisch Loket Delft.

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Deposit for Grounds for Withholding in Delft: Rules and Advice

A **deposit for grounds for withholding** in Delft is a sum of money that landlords may request for the rental of land, such as parking spaces, garden plots or caravan sites. This serves as security for damage, outstanding rent or cleanup costs. In the Delft region, under the jurisdiction of the District Court of The Hague, specific rules from the Civil Code apply. This article discusses your rights and obligations, with tips for tenants and landlords.

What does a deposit entail for land in Delft?

The **deposit** is paid before taking possession of the land and protects the landlord against risks. Unlike residential tenancy (governed by the Housing Rental Act 2015), for land such as in Delft parks or along the edges of the city, the Civil Code (BW) mainly applies. Examples: a parking space near the city centre or a garden plot in the municipality of Delft.

In Delft, deposits are often seen for temporary land, but statutory limits are more lenient than for houses. Knowledge of BW articles prevents disputes at the District Court of The Hague.

Statutory Rules for Delft (District Court of The Hague)

No special act like WH2015, but core rules from BW:

  • Article 7:912 BW: Deposit must be proportional; landlord must prove necessity, relevant for Delft cases at the District Court of The Hague.
  • Article 7:913 BW: Deposit must be managed separately, only for damage or rent arrears – no free use.
  • Article 7:914 BW: Repayment after rental period, minus justified withholding. In case of dispute: procedure via District Court of The Hague.

Record agreements in the contract. In case of problems in Delft: free help via Juridisch Loket Delft (address: [fill in], tel: 0900-8020).

Differences with Residential Tenancy in Delft

Residential tenancy has strict limits (max. 2 months' rent, return within 6 months, separate account – art. 7:100/101 WH2015). This does not apply to Delft land; more flexible, but reasonableness remains key.

Reasonable Amount of Deposit in Delft?

Depends on:

  • Type of land: Parking space Delft (€150-€400); caravan or garden plot (€600-€2500).
  • Risks: High wear and tear (e.g. near TU Delft) justifies more.
  • Rent amount: 1-3 months' rent as guideline.

Too high? Negotiate or check with Juridisch Loket Delft. In case of dispute: summons to District Court of The Hague.

Getting Your Deposit Back in Delft

After termination: landlord must repay within a reasonable time (often 1-2 months). Prove condition of land (photos, inspection). No response? Demand letter, then Juridisch Loket or subdistrict court The Hague.

Tips for Delft Tenants and Landlords

  • Make rental contract with deposit clause and inspection report.
  • Tenant: pay via bank, keep receipts.
  • Landlord: document damage precisely.
  • Problems? Start with Juridisch Loket Delft for mediation.

For personal advice: visit Juridisch Loket Delft or check District Court of The Hague.