What is the legal maximum for a deposit in Amsterdam? Discover limits for rental and purchase contracts in the city and how to challenge excessive demands before the Amsterdam court.
AA
Arslan AdvocatenLegal Editorial
1 min leestijd
In Amsterdam, the amount of a deposit is strictly limited by law to protect tenants and buyers from abuse, especially in the tight housing market. For regular rental properties in neighbourhoods such as De Pijp or Oud-Zuid, the deposit may amount to a maximum of three months' rent (art. 7:285 BW), unless the parties agree otherwise in exceptional cases. For room rentals, which are common in student areas such as the UvA neighbourhoods or Oost, a maximum of one month's rent applies. For the purchase of real estate, such as an apartment in the Centrum or Zuid, there is no fixed ceiling, but reasonableness and fairness (art. 6:248 BW) are crucial; the customary amount is 10% of the purchase price. Excessive demands, often seen with popular Amsterdam properties, can be declared invalid by the Amsterdam subdistrict court. Calculate the deposit based on specific risks such as water damage from canals or non-performance. Landlords and real estate agents must deposit the deposit with a recognised Amsterdam institution such as Huurteam Amsterdam, the central government or Woonbond. Exceeding the limit may lead to recovery via the local Huurcommissie, fines and damage claims.