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Withholding Deposit for Land Lease in Delft: What Evidence is Required?

What evidence is needed for withholding the deposit for land lease in Delft? Learn about the rules, burden of proof, local examples, and how to challenge claims for plots near TU Delft.

2 min leestijd
When withholding the deposit for land lease in Delft, the lessor must provide concrete evidence. Typical grounds in this Delft student city include damage such as broken-up paving around rental properties near TU Delft, overdue rent, or cleaning costs after vacating temporary plots for caravans or tiny houses. According to Article 7:241 of the Dutch Civil Code (BW), the lessor must inform the lessee within a reasonable period about the withholding, including a specification and supporting documents such as invoices from local contractors, photos of the location, or inspection reports from Delft inspection agencies. Normal wear and tear, such as grass growth on plots in green neighbourhoods like Tanthof or light marks from bicycle traffic, does not count as damage. Tenants in Delft can challenge the withholding with their own evidence, for example, a joint final inspection upon handing over the keys. The burden of proof lies with the lessor; missing invoices make withholding impossible. In case of dispute, the sub-district court in The Hague decides, which often awards half the deposit if evidence is lacking. Practical example: on a caravan site in Delft-Zuid, withholding for seasonal maintenance such as winterizing is not permitted, in accordance with local leasing practices. Always keep the lease intake photos and email correspondence with lessors from the region. Lessors: prepare a detailed damage statement within 14 days after vacating, taking into account Delft regulations on temporary housing. Tenants: always respond in writing to claims to safeguard your rights. This way, you avoid costly proceedings at the Delft tenancy committee or court. (248 words)