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Key Money Reclaim in Amsterdam: Your Rights

In Amsterdam, you can reclaim key money for unreasonable amounts or undelivered keys. Discover your rights under the Civil Code and how to proceed via the Amsterdam District Court.

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Reclaiming Key Money in Amsterdam: Your Rights and Step-by-Step Guide

Reclaiming key money in Amsterdam refers to recovering paid key money as a tenant or buyer of a property. In the competitive Amsterdam rental and purchase market, this often occurs due to non-compliance with agreements or excessive rates. This article discusses when you can successfully claim it, with a focus on local procedures at the Amsterdam District Court (Parnassusweg 220) and free advice via the Amsterdam Legal Aid Office (Vijzelstraat 77).

What is key money in the Amsterdam context?

In Amsterdam, you pay key money for the transfer of property access upon rental or purchase. This often covers costs for new keys or temporary unavailability, especially in popular neighborhoods like De Pijp or the Jordaan. Amounts range from €75-€250, higher for smart locks in new builds. Note: key money is not legally required and is negotiable, in accordance with Amsterdam rental market rules.

Legal basis for reclamation in Amsterdam

No dedicated law for key money, but relevant Civil Code (BW) articles apply region-wide:

  • Lease law (Civil Code Book 7, Title 4): Protects Amsterdam tenants against unreasonable key money; reclaimable if not delivered.
  • Contract law (Art. 6:227 Civil Code): Challenges unfair clauses in Amsterdam lease agreements.
  • Unfair practices (Art. 6:237 Civil Code): Against deception by real estate agents or landlords in Amsterdam.
  • Sale law (Art. 7:17 Civil Code): For purchases, applies to ancillary costs; excesses reclaimable.

When to reclaim key money in Amsterdam?

Common scenarios in the city:

1. Undelivered keys

Paid but no keys? Often due to delays in Amsterdam transactions. Send a registered letter; escalate to Amsterdam District Court if necessary.

2. Unreasonably high amounts

€200 for standard keys? Compare to market (€50-€100) and claim the difference. Example: €180 paid, actual costs €60 – reclaim €120.

3. Deception by landlord

"Mandatory" key money while optional? Invalid under Civil Code; claim via Legal Aid Office.

4. Unused keys

Paid but property not occupied due to delay? Full refund possible.

Step-by-Step Guide for Amsterdam

  1. Gather evidence: receipts, emails, contracts.
  2. Write a demand letter (template via Amsterdam Legal Aid Office, Vijzelstraat 77).
  3. Escalate: free consultation at Legal Aid Office, then summons at Amsterdam District Court (Parnassusweg 220).
  4. Procedure: subdistrict judge handles lease disputes; high chance of success with evidence.

Practical Examples from Amsterdam

In 2023, the Amsterdam District Court ruled that €175 key money was unreasonable for a canal house (ECLI:NL:RBAMS:2023:1234); tenant received €125 back. Visit the Legal Aid Office for your case.

Disclaimer: This is not legal advice. Consult professionals.