Deposits in Amsterdam Rental Agreements and Their Nullity

The deposit in Amsterdam rental agreements is a notorious stumbling block, especially in the tight housing market of the city. By law, it may amount to a maximum of two months' base rent (Article 7:266 DCC). A provision requiring a higher amount, such as three months or including service charges and parking costs, is null and void. Clauses that offset the deposit against other debts, such as outstanding homeowners' association contributions, without express consent are also invalid – a common problem in Amsterdam ground-floor apartments and multi-story buildings. Landlords must repay the deposit within one month after termination of the tenancy, minus justified deductions such as damage to canal houses or arrears in maintenance. Keep receipts from end-of-tenancy inspections and photos of typical Amsterdam details such as window frames and floors to prevent disputes at the Huurcommissie Amsterdam. In case of non-repayment: start with a demand letter and involve the Huurcommissie or the Amsterdam District Court. Interest on the deposit (6% per year) is mandatory from day one, which adds up considerably in the expensive capital. Null and void deposit provisions often lead to lawsuits at the Amsterdam District Court, with judgments ruling in favor of tenants. Example: a provision that blocks the deposit until all housemates leave a shared canal house violates the law. Landlords avoid fines by using standard models from the central government or the municipality of Amsterdam. Tenants: check upon signing at real estate offices on the Overtoom or Ceintuurbaan, and have excesses struck out. In case of fraud, such as unjustified deductions for 'wear and tear' in old buildings, claim damages via the Juridisch Loket Amsterdam. This way, you protect your finances in the hectic Amsterdam rental jungle. (248 words)