What does the deposit transfer procedure in Amsterdam entail?
The deposit transfer procedure in Amsterdam concerns the transfer of the rental deposit upon the sale of a rental property. This occurs when a landlord sells their property with an incumbent tenant. The deposit paid by the tenant must legally pass to the new owner, in accordance with Amsterdam's rental market rules.
In Amsterdam, with its strict tenant protection, this process is enshrined in the Civil Code. The principle "purchase does not break the lease" guarantees that the tenancy continues, including deposit obligations. Local authorities such as the Amsterdam District Court (Parnassusweg 220) handle disputes in this regard.
Legal basis in Amsterdam
The procedure is based on:
Article 7:226 CC - Purchase does not break the lease
The lease agreement remains intact upon sale. The new owner in Amsterdam assumes all rights and obligations, including the deposit.
Article 7:249 CC - Rental deposit
Regulates the deposit that must be refunded upon termination of the lease, minus any damage. Upon sale in Amsterdam, this passes to the buyer.
Article 6:159 CC - Substitution of creditor
The new owner becomes the creditor, with the right to the deposit. In Amsterdam case law, this is strictly enforced.
Step-by-step guide to deposit transfer in Amsterdam
Before the sale
The selling landlord specifies the tenant and deposit in the sales agreement. The exact amount is included in the Amsterdam deed of sale.
At notarial delivery
Upon transfer of ownership at an Amsterdam notary, the deposit is transferred, often via settlement against the purchase price.
After transfer
The new landlord informs the tenant in writing about the transfer of ownership, deposit, new IBAN, and contacts. Consult the Amsterdam Legal Aid Office (Vijzelstraat 77) in case of problems.
Rights and obligations of the parties
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Retention of lease agreement; Refund of deposit; Right to information on transfer | Pay rent to new owner; Maintain property |
| Old landlord | Proceeds minus deposit; Indemnity after transfer | Transfer deposit; Notify tenant; Settle in purchase price |
| New landlord | Rental income; Deposit in case of default | Refund deposit; Respect contract; Inform tenant |
Consequences if deposit not transferred in Amsterdam
If not transferred, the tenant remains protected. Approach both owners upon lease termination; start with the new owner. The Amsterdam District Court decides in proceedings.
Between owners
The new owner can sue the seller if the deposit is missing; the tenant stands outside this.
Amsterdam tips for a smooth transfer
For tenants in Amsterdam:
- Demand written confirmation - From both parties regarding deposit transfer
- Archive documents - Keep proof of payment and emails
- Check contract - Deposit amount must match
- Contact new owner - Make arrangements directly
- Prefer blocked account - Standard in Amsterdam for security
- Legal Aid Office assistance - Free advice at Vijzelstraat 77
For landlords (sellers) in Amsterdam:
- Deposit in deed of sale - Always specify with notary
- Inform tenant timely - Prevent disputes at Amsterdam District Court
- Document settlement - Clear settlement of purchase price
- Check notarial deed - Explicitly include deposit
- Real estate agent advice - Utilize local Amsterdam expertise