Rental Deposit in Delft: Withholding and Refund upon Termination

In Delft, with its vibrant student housing and historic canal-side properties, the rental deposit protects the landlord against damage. When may this deposit be withheld, and how can you reclaim it in the Delft region?

Rules Regarding the Deposit in Delft

Under Article 7:266 of the Dutch Civil Code (BW), the deposit may not exceed two months' rent. Landlords in Delft must deposit this amount into a blocked account, as often required by local housing corporations such as DUWO. Upon termination of the lease, the refund must occur within one month of handing over the keys, in accordance with Delft rental practices.

Grounds for Withholding Specific to Delft

Withholding is only permitted for demonstrable damage, outstanding rent, or utility costs. Standard cleaning in a Delft canal-side property does not fall under the deposit unless explicitly stated in the contract. In case of disputes in Delft, you can turn to the regional Rent Assessment Committee (Huurcommissie) or the District Court of The Hague, which has expertise in local rental disputes.

Step-by-Step Guide for Tenants in Delft

Prepare a detailed handover report, photograph the condition of your home in the historic city center, and formally request the return of the deposit via registered mail. If the landlord refuses: initiate a procedure with the Delft Rent Assessment Committee or serve a writ of summons. Unjustified withholding often results in interest, legal costs, and compensation for the tenant. Specifically in Delft, tenants report success with housing corporations after escalating the matter through the municipality.