Where is the security deposit transfer procedure in Rotterdam?
The security deposit transfer procedure in Rotterdam is the process whereby a rental deposit is transferred upon the sale of a rental property. This occurs when a landlord in Rotterdam sells their property with an incumbent tenant. The paid deposit must, by law, go to the new owner, particularly relevant in neighborhoods such as Kralingen or Delfshaven where many rental properties are sold.
In Rotterdam, this falls under the Dutch Civil Code, with protection via 'purchase does not break the lease'. The tenancy agreement continues, including deposit obligations. For disputes, you can go to the Rotterdam District Court, Wilhelminaplein 100-125.
Legal basis for security deposit transfer in Rotterdam
The procedure is based on these statutory provisions:
Article 7:226 DCC - Purchase does not break the lease
Sale does not terminate the lease; the new owner in Rotterdam assumes rights and obligations, including the deposit.
Article 7:249 DCC - Security and deposit
Regulates deposit in tenancy; refundable at end of tenancy minus claims. Upon sale in Rotterdam, this transfers to the buyer.
Article 6:159 DCC - Change of creditor
Change of creditor upon transfer; the new Rotterdam owner acquires the right to the deposit.
Steps in the security deposit transfer procedure in Rotterdam
Before the sale
Mention the tenant and deposit in the sales contract. The amount must be explicitly stated in the deed of sale, crucial at notaries in Rotterdam-Centre.
At transfer
At notarial transfer of ownership, the deposit is transferred, often via set-off against the purchase price.
After transfer
The new landlord informs the tenant in writing about:
- Transfer of ownership
- Transfer of deposit
- New IBAN for rent
- New address and telephone
Rights and obligations of parties in Rotterdam
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Retain tenancy agreement; Deposit refund at tenancy end; Information on transfer | Pay rent to new owner; Maintain property |
| Old landlord | Proceeds minus deposit; Discharge after transfer | Transfer deposit; Notify tenant; Set-off in sale |
| New landlord | Rent income; Deposit for tenant damage | Refund deposit; Comply with contract; Inform |
What if the deposit is not transferred in Rotterdam?
In case of non-transfer:
Tenant's position
Tenant is protected; approach old or new owner at end of tenancy. First the new one, via Rotterdam District Court.
Between owners
New owner claims from seller; tenant stands outside.
Practical tips for smooth transfer in Rotterdam
For tenants:
- Demand written confirmation from both parties
- Keep documents: payment proof, emails
- Check contract for deposit amount
- Contact new owner
- Prefer blocked account with new tenancy
For landlords (sellers):
- Mention deposit in deed of sale
- Inform tenant timely
- Consult notary in Rotterdam
- Document set-off
- Consult Legal Aid Office if in doubt