Withholding Deposit for Ground Lease in Rotterdam: Which Evidence is Required?

When withholding a deposit for ground lease in Rotterdam, the lessor must provide concrete evidence. Typical grounds in this bustling port city include damage to the land, such as broken paving around recreational parks or allotments in Rotterdam-Zuid, overdue rent, or cleaning costs after the use of a parking space. According to Article 7:241 of the Dutch Civil Code (BW), the lessor must inform the lessee in a timely manner about the withholding, including a detailed specification and supporting documents such as invoices from local contractors, photographs of the location, or inspection reports from Rotterdam-based inspection agencies. Normal wear and tear, such as grass growth in the polders around the Maas or minor traces due to saltwater influence, does not qualify as damage. Lessees in Rotterdam can contest the withholding by submitting their own evidence, such as a joint final inspection upon vacating the land. The burden of proof lies with the lessor; without invoices or measurable damage, no withholding is permitted. In case of disputes, the subdistrict court in Rotterdam often awards half of the deposit if evidence is lacking. Practical examples from the region: for a caravan site in recreational areas such as Rozenburg, no withholding may be made for seasonal maintenance due to windy coastal conditions. Always retain the lease agreement, correspondence, and any reports filed with the Rotterdam municipality. Lessors: prepare a detailed damage statement within 14 days of departure, taking local regulations into account. This helps avoid proceedings at the Rotterdam District Court. Lessees: respond in writing to claims and, if necessary, engage the Rent Commission or legal assistance in the city. This way, you effectively protect your rights in Rotterdam.