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Guarantees in Rental Agreements in Rotterdam and Their Nullity

Excessive deposit in Rotterdam rental agreements? Discover void clauses, rules, interest, and procedures via the Rent Commission Rotterdam. Protect your rights!

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The deposit in rental agreements in Rotterdam is a common stumbling block, particularly in vibrant districts such as Delfshaven and Kralingen. Legally, this may amount to a maximum of two months' basic rent (Article 7:266 of the Dutch Civil Code). A clause demanding a higher amount, such as three months or including service charges and parking fees, is null and void. In Rotterdam’s student housing or apartments in the skyline of Kop van Zuid, we often encounter such invalid clauses that offset the deposit against outstanding municipal tax bills without explicit consent. Landlords must refund the deposit within one month after the termination of the lease, minus justified deductions such as damage to the iconic harbor properties. Keep receipts from final inspections by Rotterdam’s inspection services to avoid disputes. In case of non-refund, claim via a formal demand and the regional Rent Commission in Rotterdam. Interest on the deposit (6% per annum) is mandatory from day one, which carries extra weight in the expensive rental market of the Maasstad. Null and void deposit clauses often lead to lawsuits at the District Court of Rotterdam, with rulings in favor of tenants. Example: a clause that blocks the deposit until all roommates vacate a Fenix residence violates the law. Landlords avoid this by using standard models from the national government or the Municipality of Rotterdam. Tenants: verify the agreement upon signing at the city hall or with notaries and have excessive terms removed. In cases of fraud, such as unjustified deductions for 'cleaning' in Witte de Withstraat, claim compensation via the Legal Counter Rotterdam. This way, you protect your finances in Rotterdam’s dynamic rental market.