Tenancy law · FindLawyer.nl

What can a landlord deduct from your deposit? And what is illegal

A Dutch landlord may deduct only unpaid rent, unpaid service costs, the energy performance fee and the cost of damage you caused, with a written cost breakdown (article 7:261b BW, since 1 July 2023); never normal wear and tear. This guide shows which Dutch deposit deductions are lawful, which often fail, and how to challenge unsupported repaint, cleaning, and new-for-old charges from €49.

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Tenancy Law Updated 28 Sep 2026 ~10 min read
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Quick answer

Cleaning counts only when you left the home dirty or not as agreed, and then only the actual cost; a standard cleaning fee, administration or agency fees and repainting for normal wear are not deductible (Rijksoverheid). Automatic full repaints and full new-for-old replacement of older items often do not survive scrutiny. If your landlord is pushing those items, start with the free 2-minute eligibility check.

Landlords often send a deduction list that looks official anyway. This guide goes through the charges that often fail, the contract clauses behind them, how to challenge a deduction list, and when the FindLawyer deposit route is worth using.

About FindLawyer’s deposit recovery service (Netherlands)
  • Service type: FindLawyer coordinates intake, document collection, case summary preparation, and handoff to a specialist Dutch deposit lawyer for unlawful deduction and deposit recovery cases.
  • 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.
  • Total upfront cost for eligible users: €49 coordination only. No €188 upfront.
  • Eligibility check: free, takes about 2 minutes at findlawyer.nl/deposit. No BSN or document upload required to complete the check.
  • Remote cases: accepted. Tenants who already left the Netherlands can still use the service if the rental property was in the Netherlands.
  • Legal work: performed by the specialist partner deposit lawyer. FindLawyer is not the lawyer.
Disclaimer: This article is general information only, not legal advice. Dutch tenancy law and procedures change regularly. For your specific situation, always consult a qualified Dutch tenancy lawyer. No rights can be derived from this text.

What can a Dutch landlord lawfully deduct?

Article 7:261b BW makes deductions a closed list of four, each with a written, full cost breakdown. Everything else stays yours. The overview of rental deposit rules in the Netherlands covers the cap, which how much is a security deposit explains in detail; if nothing has come back yet, see how long a landlord has to return a deposit.

CostCan the landlord deduct it?Condition or source
Unpaid rentYesWritten, full cost breakdown (art. 7:261b(3)-(4) BW)
Unpaid service costsYesWritten, full cost breakdown (art. 7:261b(3)-(4) BW)
Energy performance fee still owedYesWritten, full cost breakdown (art. 7:261b(3)-(4) BW)
Repairing damage you causedYesOnly costs he can show, for damage you are liable for (art. 7:218 and 7:261b(3) BW)
Cleaning a home you left dirty or not as agreedYes, the actual costRijksoverheid
A standard or flat cleaning feeNoNot on the closed list
Normal wear and tear, such as faded paint or worn flooringNoRijksoverheid; Volkshuisvesting Nederland
Damage from the landlord’s own poor maintenanceNoRijksoverheid
Administration, agency or other feesNoRijksoverheid: other costs may not be set off

The burden of proof generally sits with the landlord

This is the structural point many expat tenants miss. The landlord is the one asserting a deduction, so the landlord generally bears the burden of substantiating it: showing the original condition, the alleged damage, the cause, and the actual cost. A bare estimate for repainting is rarely enough on its own. How this plays out depends on the evidence available, the contract, and the specific dispute, which is exactly where a specialist review often helps.

The concept that decides most cases: normal wear and tear

Normal wear and tear, the gradual deterioration from everyday use such as faded paint or light wear on floors, is the landlord’s cost and can never be deducted from your deposit; only damage you caused beyond it can. Where that line falls for walls, floors, kitchens and bathrooms is covered in our guide to normal wear and tear.

Common deductions that often do not hold up

Full repaint clauses and deductions

One of the most common deduction items in expat contracts is a charge for full repainting of the property. Standard clauses requiring tenants to repay full repaint costs at the end of the tenancy, regardless of actual condition, often come under pressure as unfair contract terms. Whether such a clause survives depends on its wording and the circumstances, but the assumption that you signed it so you owe it is not how Dutch tenancy law works.

Automatic professional cleaning fees

The default cleaning standard at handover is generally bezemschoon, meaning broom-clean: reasonably tidy and hygienic, not showroom condition. A flat professional cleaning charge applied automatically, without itemised evidence of cost and necessity, is exactly the kind of deduction that frequently does not survive scrutiny.

Full new-for-old replacement of older items

The principle of depreciation means a landlord cannot generally claim the full cost of a new item to replace an older one that was already partly worn out. If a ten-year-old carpet is damaged at the end of a long tenancy, the calculation should reflect the carpet’s age and remaining useful life, not the cost of brand-new flooring.

General restoration or unspecified lump sums

Vague lines such as “restoration costs”, “general maintenance”, or a single unexplained total are among the weakest deduction formats. Dutch practice expects itemisation: what was damaged, why it is the tenant’s responsibility, and what the actual cost is.

Tenant-installed improvements left behind

Improvements you installed and left behind are not automatically a free pass for the landlord to charge removal or restoration at your expense. The analysis depends on consent, the contract, and whether removal was reasonably required. These cases often need a careful legal read rather than a quick concession.

Contract clauses that may not be enforceable

The unfair contract terms framework

A clause in a Dutch tenancy contract is not enforceable simply because the tenant signed it. Clauses that disadvantage the tenant unreasonably can fall foul of consumer protection rules and the unfair contract terms regime. This is especially relevant for clauses requiring full repainting, automatic professional cleaning, or restoration to a showroom or as-new state.

Common clauses that often deserve a second look

  • Tenant shall repaint all walls in the original colour at the end of the tenancy.
  • Tenant shall arrange and pay for professional end-of-tenancy cleaning.
  • Tenant shall return the property in the same condition as at the start, without exception for normal use.
  • Any disputes regarding the deposit shall be resolved at the landlord’s discretion.
  • Tenant agrees in advance to a minimum deduction of €X.

None of these clauses is automatically void, but none is automatically valid either. The real question is whether, on the specific facts and applicable law, the clause is enforceable. This is a genuinely lawyer-suited assessment when the deposit is significant.

Charged agency or administration fees by a makelaar? See a rental agency keeping your deposit. Renting a room? The same list applies, see student room deposits.

How to push back on an unlawful deduction

First step: demand a proper itemised statement

If the landlord sends a vague or lump-sum list, your first move is to ask in writing for a fully itemised statement: each item, the alleged cause, the cost, and the supporting evidence such as invoices, photos, and comparison with the move-in report. Many landlords either cannot or will not produce this, which itself tells you a lot about the strength of the deduction list.

Second step: test each item against the legal categories

For each line item, ask which of the four lawful categories it falls into. Is it properly evidenced? Has depreciation been applied? Is the contract clause behind it enforceable? Items that fail one or more of these tests are challengeable.

Third step: send a written objection with a deadline

Once you sort the list into items you accept and items you contest, send a written objection to the landlord with a clear deadline to refund the contested amount. Keep proof of sending. If you are unsure whether the amount is worth fighting over alone, the FindLawyer eligibility check helps you see whether the specialist lawyer route may fit.

Audit your landlord’s deduction list

  • Each item is named individually, with no vague lump sums
  • Each item is supported by an invoice or quote
  • Each item is cross-referenced against the move-in report
  • Wear-and-tear items are excluded
  • Depreciation has been applied to older items
  • No standard cleaning fee appears; a cleaning cost appears only if you left the home dirty or not as agreed
  • Repaint charges reflect tenant-caused damage, not blanket clauses

If the landlord still refuses, taking your landlord to the kantonrechter covers the summons, the 2026 court fees and the timeline.

When a tenancy lawyer is worth it

Stake-based decision

Whether to involve a lawyer is partly a question of stakes. For deposits in the low hundreds, you may decide the time cost outweighs the recovery. For deposits in the thousands, which is common in the Dutch expat market, getting expert eyes on the deduction list is often one of the highest-return decisions you can make.

Why expat cases are different

Expats often have additional complications: leaving the country shortly after handover, dealing with English-Dutch translation, navigating an unfamiliar legal system, and balancing the dispute against the practical chaos of relocation. An English-speaking tenancy lawyer can absorb most of that complexity for you and tell you quickly whether the case is worth pursuing.

More on finding an English-speaking tenant lawyer in the Netherlands.

International students and low-income tenants: no €188 upfront if you qualify

Through FindLawyer’s specialist deposit lawyer route, eligible international students and low-income tenants do not pay the €188 lawyer/legal-aid contribution upfront. If the case succeeds, the €188 is paid from the recovered deposit. The specialist lawyer confirms eligibility individually, usually based on your 2024 gross income and household situation.

How FindLawyer works for deduction disputes

  1. Start the free 2-minute check at findlawyer.nl/deposit. No BSN or document upload is required to begin.
  2. If the case appears suitable after review, pay the €49 coordination fee.
  3. Share the tenancy agreement, deduction list, photos, inspection reports, and landlord messages.
  4. FindLawyer organises the file and hands it to the specialist Dutch deposit lawyer.
  5. The lawyer confirms the legal route and, where relevant, whether the deferred €188 arrangement applies.

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.

Your options if the deduction list looks wrong: DIY, court, or FindLawyer

Which route fits your situation after the landlord sends a deduction list?

RouteUpfront costBest forLimitation
DIY written objection€0Clear unsupported deductions, cooperative landlord, smaller sumsLandlord can ignore you or keep stalling
Kantonrechter (sub-district court)Griffierecht, scaled to the claim and recoverable if you winAny deposit dispute. It is the only route that can order the money repaidYou file and argue it yourself; tenancy cases need no advocaat
FindLawyer specialist lawyer route€49 plus €188 lawyer fee, deferred for eligible students and low-income tenantsExpats, students, larger deductions, remote cases, aggressive clauses, private-sector rentals€49 coordination fee is required upfront; €188 is deferred only for eligible cases

Start your free 2-minute check at findlawyer.nl/deposit

Glossary: Dutch terms in this article

Key Dutch deposit terms

Normale slijtage
Normal wear and tear: gradual deterioration from everyday reasonable use. Landlord’s responsibility.
Schade
Damage: harm beyond normal wear and tear, generally the tenant’s responsibility if caused by the tenant.
Bezemschoon
Broom-clean, the default cleaning standard for handover.
Afschrijving
Depreciation, the principle that older items lose value over time, limiting full new-for-old replacement claims.
Onredelijk bezwarende bedingen
Unfair contract terms, clauses that disadvantage the tenant unreasonably and may be unenforceable.
Opnamerapport
Inspection report, typically completed at move-in and move-out.
Huurcommissie
The Dutch Rent Tribunal, an independent body for certain tenancy disputes.

FAQ: illegal deposit deductions Netherlands

1. What can a landlord deduct from a security deposit in the Netherlands?

Only four things: unpaid rent, unpaid service costs, the energy performance fee and the cost of repairing damage you caused. The landlord must tell you in writing and send a full cost breakdown (article 7:261b BW). Cleaning counts only if you left the home dirty or not as agreed. Normal wear and tear and other costs, such as administration fees, can never be deducted (Rijksoverheid).

2. Can a landlord deduct cleaning costs from my deposit?

Not as a standard fee. A flat cleaning charge is not on the closed list in article 7:261b BW. Only if you left the home dirty or not as agreed may the landlord deduct the actual cost of cleaning it, and never for normal wear (Rijksoverheid). Ask for the invoice and the photos behind any cleaning charge, and dispute it in writing if they are missing.

3. Can a landlord deduct normal wear and tear from a deposit?

No. Normal wear and tear is the gradual deterioration that comes from ordinary use, such as faded paint, small scuffs and worn flooring. It is the landlord’s cost, paid for out of the rent, and it may never be taken from your deposit. The same goes for damage caused by the landlord’s own poor or late maintenance (Volkshuisvesting Nederland).

4. Can my Dutch landlord deduct for repainting the walls?

Only for damage you caused, not for paint that has faded or scuffed through normal use. A blanket clause requiring the tenant to repay full repaint costs at the end of the tenancy is often treated as an unfair contract term and may not be enforceable. The analysis depends on the contract wording, the move-in baseline, and the actual condition at handover.

5. Does the landlord have to explain deductions from my deposit in writing?

Yes. When a landlord sets off costs against your deposit, he must tell you in writing and give you a full cost breakdown (article 7:261b BW). A single unexplained lump sum is not a full cost breakdown. Ask for the breakdown in writing, and dispute each item he cannot support with invoices, photos or the inspection report.

6. How much does FindLawyer charge to challenge unlawful deposit deductions in the Netherlands?

The eligibility check is free and takes about 2 minutes. If your case appears suitable, FindLawyer charges a €49 coordination fee covering document organisation, case-summary preparation, and handoff to the specialist deposit lawyer. This fee is fully refunded if FindLawyer cannot start the process or route the case after review. The specialist lawyer charges a separate €188 legal-aid contribution at the 2026 lowest bracket. For eligible international students and low-income tenants, the €188 is not paid upfront and is instead paid from the recovered deposit if the case succeeds. Eligibility is based on 2024 income and is confirmed by the lawyer.