When does a dispute arise over deposit refund in Rotterdam?
In Rotterdam, with its vibrant rental market in neighborhoods such as Delfshaven, Kralingen and the Kop van Zuid, a dispute often arises at the end of a tenancy period if the landlord does not refund the deposit or refunds it only partially. Discussions revolve around damage due to harbor air, overdue rent or cleaning costs for the typical Rotterdam canal houses. According to Article 7:249 of the Dutch Civil Code (BW), the landlord must refund the deposit within a reasonable term, unless he has substantiated claims, as confirmed by the Rotterdam District Court in recent tenancy cases.
Steps in a dispute in Rotterdam
- Notice of default: Send a written demand by registered mail to the landlord, with proof of payment, photos of the condition of the property and possibly an inspection report from a Rotterdam real estate agent.
- Common Regulation: Attempt an amicable settlement via the Rent Tribunal, which handles many rental disputes in Rotterdam, including specific guidelines for urban rental properties.
- Lawsuit: If that fails, you can litigate before the subdistrict judge of the Rotterdam District Court. Evidence with timestamped photos, witness statements from neighbors and independent inspection reports is crucial, especially for older properties in Rotterdam-West.
Prescription periods and terms specific to Rotterdam
The prescription period for claims on the deposit remains five years (Article 3:307 BW), but tenants in Rotterdam must act quickly due to the high pressure on the rental market. Landlords must submit their claims within one month after termination. Local case law from the Rotterdam District Court emphasizes strict compliance with these terms to avoid disputes over overdue service charges for municipal levies.
Prevention tips for Rotterdam tenants
At check-in and check-out, prepare a joint inspection protocol with photos and videos, adapted to Rotterdam characteristics such as moisture problems in old buildings. This prevents 80% of disputes. Consider a professional inspection by a certified Rotterdam party such as the local Tenants' Association or independent agencies in the region for maximum objectivity and legal validity.