Where does the security deposit transfer procedure apply in Delft?
The security deposit transfer procedure concerns the transfer of the rental deposit upon sale of a rental property in Delft. This occurs when a landlord sells their property with an incumbent tenant. The paid security deposit must legally pass to the new owner, in accordance with the rules in Delft and surrounding areas.
This procedure falls under the Dutch Civil Code and safeguards tenant rights upon transfer of ownership. The principle "purchase does not break the lease" preserves the tenancy agreement, including deposit obligations. In Delft, the District Court of The Hague (district) handles any disputes.
Legal basis for security deposit transfer in Delft
The procedure is based on key articles from the Dutch Civil Code:
Article 7:226 DCC - Purchase does not break the lease
The tenancy agreement remains intact upon sale. The new owner assumes all rights and obligations, including the security deposit.
Article 7:249 DCC - Deposit in tenancy
Regulates the rental deposit: the landlord may require it, but must refund it upon termination of the tenancy, minus any claims. Upon sale, it passes to the buyer.
Article 6:159 DCC - Change of creditor
The new owner becomes the creditor, with the right to the security deposit.
Step-by-step guide to security deposit transfer in Delft
Prior to sale
The selling landlord specifies the tenant and security deposit in the purchase agreement. The exact amount is included in the deed of sale, which is essential for transactions in Delft.
At notarial transfer
Upon transfer of ownership at the notary in Delft, the security deposit is transferred, often by way of set-off against the purchase price.
After transfer
The new landlord informs the tenant in writing about:
- Transfer of ownership
- Assumption of security deposit
- New IBAN for rent
- Current contact information
Rights and obligations of the parties
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Preserve tenancy agreement; Refund of deposit at end of tenancy; Information on transfer | Pay rent to new owner; Maintain property properly |
| Old landlord | Proceeds minus deposit; Indemnity after transfer | Transfer deposit; Notify tenant; Set off in purchase price |
| New landlord | Rent income; Deposit in case of default | Refund deposit; Comply with contract; Inform tenant |
What if no security deposit is transferred?
Failure to transfer causes issues:
Tenant's position
The tenant can approach both owners for refund at end of tenancy. Primarily the new owner, via the District Court of The Hague. Consult the Juridisch Loket Delft for free advice.
Between owners
The new owner can sue the seller if the deposit is missing; the tenant is not involved.
Tips for smooth transfer in Delft
For tenants in Delft:
- Demand written confirmation from both parties
- Archive documents: proof of payment, emails
- Check contract for deposit amount
- Establish contact with new owner
- Prefer blocked account for new tenancy
For landlords (sellers):
- Explicitly state deposit in deed of sale
- Inform tenant in timely manner
- Inform notary about tenancy situation
- Document set-off
- Consult Juridisch Loket Delft in case of uncertainties
In Delft: in case of problems, first approach Juridisch Loket Delft or District Court of The Hague for local support.