Deposit Clauses in Rental Agreements in Delft and Their Nullity

The deposit in rental agreements in Delft is a frequent stumbling block for students and young professionals in this vibrant student city. By law, the deposit may not exceed two months' base rent (Article 7:266 DCC). A clause demanding more, such as three months' rent or including service charges and parking costs, is null and void. In Delft, where rental prices around the TU Delft campus often range from €800-€1200, we see many excessive demands in private contracts. Clauses that offset the deposit against other debts without the tenant's explicit consent are also invalid. Landlords in Delft must repay the deposit within one month after termination of the tenancy, minus justified costs such as damage to the property. Always keep receipts and photos of the final inspection, especially for rooms in the Buitenhof neighbourhood or around the station, to avoid disputes. In case of non-repayment: start with a demand letter and involve the Huurcommissie Delft, which organises local hearings. Interest on the deposit (6% per year) accrues from day one and is mandatory. Null and void deposit clauses regularly lead to cases before the district court in The Hague, which often rules in favour of Delft tenants. Example: a clause holding the deposit until all housemates in a student house have left is contrary to the law. Landlords in Delft would do well to use the standard rental agreement models from the central government or the municipality of Delft. Tenants: check the contract upon signing at an estate agent on the Markt and have dubious clauses struck out. In case of fraud, such as unjustified deductions for 'wear and tear' in old TU properties, demand compensation plus interest. The municipality of Delft offers advice for tenants in need via the Woonloket. This way, you protect your finances in Delft's rental market.