Deposit Specification Requirements Rotterdam: Essential Rules for Rental and Purchase
A deposit serves as security for compliance with a lease agreement or purchase agreement in Rotterdam. For validity, strict legal requirements from the Civil Code (BW) apply. This article highlights the requirements, local practice, and steps in case of problems, including contact points such as District Court Rotterdam, Wilhelminaplein 100-125 and Legal Aid Office Rotterdam, Westblaak 180.
Legal Requirements for a Deposit in Rotterdam
The rules are set out in BW articles on guarantees (6:248 BW), lease (Book 7), and purchase of real estate. Local case law from the District Court Rotterdam applies these strictly.
1. Mandatory Written Specification
The deposit requires a written agreement with:
- Amount (e.g., €1,500).
- Purpose (damage repair, outstanding rent).
- Repayment Period (e.g., 30 days after handover).
- Parties (tenant/landlord with addresses).
Basis: Art. 6:248 and 7:900 BW. Without this, the deposit is null and void.
2. Proportional Amount
Must be reasonable in relation to the risks. In the Rotterdam rental market (avg. €1,200/month), max. 2 months' rent is customary.
- €3,000 for €900 rent: possibly unreasonable (art. 6:248 para. 2 BW).
- €1,800 for €1,200 rent: acceptable.
District Court Rotterdam tests for fairness.
3. Transparent Repayment
Repayment at the end of the agreement without claims, within a reasonable period (often 1 month).
- Withheld for: damage, overdue rent, cleaning.
- Example: Upon termination of tenancy in Rotterdam, landlord must provide proof; otherwise full repayment.
4. Separation of Payments
No mingling with rent or service charges.
- No automatic set-off against last rent.
- In case of damage: detailed overview with invoices.
5. Burden of Proof on Landlord
The landlord must provide hard evidence for withholding:
- Invoices for repairs.
- Overview of rent arrears.
- Photos/video of property condition.
Without evidence: full repayment plus interest (art. 6:119 BW).
Practice in Rotterdam: Common Pitfalls
In the Rotterdam rental market (high student share), the District Court Rotterdam frequently sees disputes over excessively high deposits or unjustified withholdings. Tips:
- Prepare handover statement at entry and exit.
- Keep all correspondence.
- Consult Legal Aid Office Rotterdam, Westblaak 180 for free advice.
What in Case of Violation? Step-by-Step Plan
- Written demand to landlord (14 days).
- Assistance from Legal Aid Office Westblaak 180.
- Summons to District Court Rotterdam, Wilhelminaplein 100-125.
The Municipality of Rotterdam also offers a rent team for inspection.