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

When withholding the security deposit for land lease in Amsterdam, the lessor must provide concrete evidence, taking into account the strict municipal lease rules. Possible grounds include damage to the land, such as broken paving in an Amsterdam allotment garden complex, overdue rent, or cleaning costs for sandy plots along the canals. According to Article 7:241 of the Dutch Civil Code (BW), the lessor must inform the lessee in a timely manner about the withholding, with a specification and supporting documents such as invoices from local contractors, photos of the inspection, or expert reports from the Department of Spatial Planning (Dienst Ruimtelijke Ordening). Normal wear and tear, such as grass growth due to the wet Amsterdam soil or light traces from bicycle storage, does not qualify as damage. Lessees in neighborhoods like De Pijp or Noord can challenge the withholding by providing their own evidence, such as a joint final inspection with the lessor or witness statements from neighbors. The lessor bears the burden of proof; without invoices from Amsterdam suppliers, no withholding is permitted. In case of disagreement, the Amsterdam cantonal court decides, which often awards half if evidence is lacking, especially in allotment garden or recreational land leases. Practical examples: for a caravan site on IJburg island, no withholding is allowed for seasonal maintenance due to saltwater exposure. Always keep the lease intake report, correspondence, and reports from the Municipality of Amsterdam. Lessors: prepare a detailed damage statement within 14 days after departure, in line with local lease teams. This prevents proceedings before the Amsterdam cantonal court and lawsuits. Lessees: respond in writing to claims via the Amsterdam Legal Aid Office (Juridisch Loket Amsterdam). This way, you effectively enforce your rights in the vibrant lease market of the capital. (278 words)