Taking your landlord to court for your deposit: the kantonrechter, costs and steps in 2026
How to claim your deposit at the kantonrechter when a demand letter has not worked. The court, the 2026 fees, each step with its deadline, and when a lawyer is worth it.
FindLawyer gives practical initial guidance, prepares your case and matches you with a suitable independent lawyer. Legal advice comes from the partner lawyer.
Rules from rechtspraak.nl, the Civil Code and Rijksoverheid · Checked 25 September 2026
Short answer
Taking your landlord to court for your deposit means a summons procedure (dagvaardingsprocedure) at the kantonrechter, the court that hears every rent dispute whatever the amount. You do not need a lawyer there. A bailiff serves the summons on your landlord, and you pay a court fee (griffierecht): in 2026 a private person pays €93 for a claim up to €500, €233 up to €1,500, and €265 from €1,500 to €12,500. If the landlord does not respond, the court gives judgment within 2 weeks of the first court date. The Huurcommissie cannot order a deposit repaid.
Start the free 2-minute FindLawyer deposit check
Key facts for 2026
- €93, €233 or €265 is the 2026 court fee for a private person with a claim of up to €500, up to €1,500, or €1,500 to €12,500 (rechtspraak.nl).
- €93 is the 2026 low-income fee, with a legal aid certificate or an income statement.
- 10 days before the hearing, any new documents must reach the judge and your landlord.
- 7 days: in most cases the summons must reach your landlord at least 7 days before the first court date.
- 4 weeks to pay the court fee in a summons case, from the day after the first court date.
- 2 weeks after that date, the court gives a default judgment if your landlord did not respond.
- 3 months from the judgment to appeal to the court of appeal.
This is general information about Dutch law, not legal advice for your situation. Rules change; figures are for 2026. No rights can be derived from this text.
The court
Which court handles a deposit claim, and do I need a lawyer?
In 2026 the kantonrechter hears all rent disputes whatever the claim or amount, and you as claimant do not have to hire a lawyer (rechtspraak.nl). Your landlord does not need one either.
“U kunt de hulp van een advocaat of gemachtigde inschakelen, maar dit is niet verplicht bij de kantonrechter.”
Our translation: “You can call in the help of a lawyer or an authorised representative, but this is not required at the kantonrechter.” From rechtspraak.nl, checked 25 September 2026.
- Not the Huurcommissie: Volkshuisvesting Nederland says it plays no role in deposit disputes. Only the court can order your landlord to pay.
- What you claim: the landlord had to repay within 14 days after the tenancy ended, or within 30 days with a complete written cost specification if it deducted costs (Civil Code, article 7:261b).
- Letter first: Rijksoverheid tells tenants to ask in writing before going to court. How to write it is in our guide on what to do when your landlord is not returning your deposit.
Starting
Summons or application: how do I start the case?
A deposit claim starts with a summons (dagvaarding) at the kantonrechter: rechtspraak.nl lists 2 routes there for a rent case, the summons procedure and, when it is urgent, summary proceedings (kort geding). The application route (verzoekschrift) is for other kinds of case (rechtspraak.nl).
- Write the summons. You can draft it yourself or have an authorised representative do it. It states what you claim and why, your evidence, and the date of the first court date (rolzitting). Attach numbered copies of your evidence, such as the lease, proof of payment and your letters, with a list.
- A bailiff serves it. A court bailiff (gerechtsdeurwaarder) must hand the summons to your landlord and signs it. Ask what serving it costs before you instruct one.
- You file it. You send the served summons to the court yourself, unless a representative does it for you (rechtspraak.nl).
- The court takes over. At the rolzitting the kantonrechter checks the summons and whether your landlord responded. You do not have to be there.
Costs
What does it cost to take my landlord to court in 2026?
Under the kantonrechter’s 2026 fee table, a private person pays a court fee of €93 for a claim up to €500, €233 up to €1,500 and €265 from €1,500 to €12,500 (rechtspraak.nl). Only you, as the one who starts the case, pay it; your landlord pays no court fee. For court fees, appeal limits and enforcement in other kinds of cases, see our general guide to the small claims court in the Netherlands.
| Your claim | Private person | Low income |
|---|---|---|
| Up to €500 | €93 | €93 |
| €500 to €1,500 | €233 | €93 |
| €1,500 to €2,500 | €265 | €93 |
| €2,500 to €5,000 | €265 | €93 |
| €5,000 to €12,500 | €265 | €93 |
| Over €12,500 | €753 | €93 |
Court fees at the kantonrechter for claims starting in 2026. The upper amount of each band is included. Source: rechtspraak.nl, checked 25 September 2026.
- When to pay: within 4 weeks, counted from the day after the first court date. If you pay late, the court can refuse to hear the case and you still owe the fee.
- If you win: the judge can order your landlord to pay part of your costs, including the court fee.
- Interest: statutory interest on agreements with private persons has been 4% since 1 January 2026 (Rijksoverheid). Include it in your claim.
Timeline
How long does a deposit court case take?
If your landlord does not respond, the kantonrechter gives a default judgment (verstekvonnis) within 2 weeks of the first court date, according to rechtspraak.nl. A defended case takes longer, because each step below has its own period.
- Serving: in most cases the summons must reach your landlord at least 7 days before the first court date.
- No response: after a default judgment your landlord has 4 weeks to oppose it, and the case is then heard in full.
- Landlord defends: you get 4 weeks to reply in writing, and you can ask for more time. New documents must reach the judge and your landlord at least 10 days before the hearing.
- Hearing: the judge often gives a provisional view and lets you try to settle there and then.
- Judgment: usually 4 weeks after the hearing.
Legal aid
What does legal aid change?
With a legal aid certificate (toevoeging) or an income statement from the Raad voor Rechtsbijstand, you pay the 2026 low-income court fee of €93 at the kantonrechter (rechtspraak.nl). Send the document with your summons; if you only applied, send a copy of the application.
- Later is possible: if you find out during the case that you qualify, tell the court in writing before the final judgment.
- Lawyer costs: legal aid can also cover part of a lawyer’s fee. Whether you qualify depends on your income and assets; check it on our legal aid eligibility page.
The fork
When is a lawyer worth it for a deposit claim?
You need no lawyer at the kantonrechter, but rechtspraak.nl requires one for an appeal, which must be filed within 3 months of the judgment. A lawyer can also be worth it earlier:
- Your landlord counterclaims: a landlord can answer your summons with its own claim against you, for example for damage.
- A lot of money is at stake: a deposit can be up to 2 months’ base rent, and the fight is often about deductions and evidence.
- You have left the Netherlands: a representative can file, receive the letters and speak at the hearing for you.
Want a lawyer to do this for you?
Deposit still not back? Your landlord had 14 days (30 with deductions). After that you can claim statutory interest. Free check: we tell you what they can legally keep and what they owe you.
Need help with this? We match you with an English-speaking Dutch tenancy lawyer. Most clients are introduced to a lawyer within one business day. Lawyer fees are paid to the firm and explained before you proceed.
Next steps
What should I do next?
Juridisch Loket says you can ask for your deposit back from 2 weeks after your tenancy ends, by post or email, and by registered post if there is no reply. Keep copies and proof of sending: the court will want them.
- Check the numbers: the FindLawyer deposit calculator shows what your landlord may keep and when the deadline ran out.
- Agency involved? See what to do when a rental agency holds your deposit.
- All the rules: our rental deposit guide for 2026.
Not sure your claim is strong enough?
The FindLawyer deposit check asks a few questions and tells you whether your case may fit the lawyer route.
What the FindLawyer route costs
- Eligibility check: Free, takes about 2 minutes at findlawyer.nl/deposit. No BSN or document upload required.
- Coordination fee: €49, charged only if the case appears suitable after review. Fully refunded if FindLawyer cannot start coordination or route the case to the specialist lawyer.
- Lawyer/legal-aid contribution (2026): €188 in the lowest bracket. For eligible tenants, typically international students and low-income earners assessed on 2024 income, this €188 is not paid upfront. If the case succeeds, the €188 is paid from the recovered deposit. The specialist lawyer confirms eligibility individually.
FindLawyer.nl offers tenants in the Netherlands a free 2-minute deposit check. If the deposit looks recoverable, it matches the tenant with an independent tenancy lawyer. FindLawyer is not a law firm.
Keep reading
Related guides
More for tenants with a deposit problem.
Rental deposit rules 2026
The cap, the 4 deductions and the 14 and 30-day deadlines.
DepositLandlord not returning your deposit
The demand letter to send before you go to court.
DepositIllegal deposit deductions
What a landlord can and cannot take off.
Legal aidLegal aid eligibility
Check whether you may qualify for subsidised legal help.
ToolFindLawyer deposit calculator
Work out what the landlord may keep and by when.
TenancyTenancy law hub
All our English guides on renting, deposits and landlords.
FAQ
Frequently asked questions
Can I take my landlord to court for my deposit without a lawyer?
Yes. Rechtspraak.nl says the kantonrechter hears every rent dispute whatever the amount, and a lawyer is not required there for you or for your landlord. You still need a bailiff to serve the summons. You only need a lawyer if the case goes to appeal, which must be filed within 3 months of the judgment.
How much does it cost to sue my landlord for my deposit in 2026?
The court fee for a private person is €93 for a claim up to €500, €233 up to €1,500 and €265 from €1,500 to €12,500. With a legal aid certificate or an income statement it is €93. Only you, as the one who starts the case, pay it. The losing side can be ordered to pay the other side’s costs.
Can the Huurcommissie order my landlord to return my deposit?
No. Volkshuisvesting Nederland says the Huurcommissie plays no role in deposit disputes; they go through the municipality or the court, and only the kantonrechter can order a deposit repaid. So start with a written demand to your landlord, and go to the kantonrechter if the money still does not come.
What happens if my landlord ignores the summons?
If your landlord does not respond, the kantonrechter gives a default judgment (verstekvonnis) within 2 weeks of the first court date, and in most cases you win. Your landlord can still oppose it within 4 weeks of receiving that judgment. The case is then heard in full after all.
Do I have to go to the court hearing?
You do not have to attend the first court date (rolzitting). Going to the hearing itself is not compulsory either, but if you stay away the judge may decide against you. If you have left the Netherlands, a lawyer or another authorised representative can act for you.
Free checklist · one-page PDF
Moving to the Netherlands?
Get the 12 legal things nobody tells you before you arrive — deposits, contracts, the 30% ruling, your rights. One email, no spam.
Already here and need a lawyer? Tell us what happened
Official sources, checked 25 September 2026
- Rechtspraak: starting a case against a private person or organisation (in Dutch)
- Rechtspraak: starting a summons procedure at the kantonrechter (in Dutch)
- Volkshuisvesting Nederland: the deposit (in Dutch)
- Burgerlijk Wetboek Book 7, article 7:261b (in Dutch)
- Rijksoverheid: may my landlord ask for a deposit? (in Dutch)
- Rechtspraak: court fees at the kantonrechter, 2026 (in Dutch)
- Rijksoverheid: how high is statutory interest? (in Dutch)
- Juridisch Loket: template letter to ask for your deposit back (in Dutch)
Final notes and legal disclaimer
- This article provides general information and is not tailored to your personal circumstances.
- It does not cover all situations, exceptions, or recent legal changes.
- Reading this article does not create a lawyer-client relationship with findlawyer.nl or any associated entity.
- No guarantee is given that this information is complete, accurate, or up to date.
- No rights can be derived from this article.
- For decisions about your deposit or a court case, or your specific situation, always consult a qualified professional.
FindLawyer is a lawyer-matching and case-preparation service, not a law firm. Legal advice comes from the partner lawyer.