How do you recover the deposit for land lease in Rotterdam? Discover the local procedure, deadlines, and steps to the district court for tenants and landlords in the port city.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, where land leases are common for parking spaces in neighborhoods like Rotterdam-South or garden plots in parks such as Kralingse Bos, recovering a deposit is a standardized procedure. Upon termination of the lease agreement, the landlord must repay the deposit within a reasonable period, usually within one month, unless there are justified reasons for withholding it, such as damage from saltwater exposure near the Maas or intensive use by port workers. As a tenant, you can submit a written request with proof of the land's good condition, such as photos of the location or an inspection report from a local expert from Rotterdam-West.
If the deposit is not returned, send a notice of default and, if necessary, proceed to the district court of the Rechtbank Rotterdam, located at the Wilhelminapier. The judge assesses whether the landlord demonstrates damage with invoices or quotes, taking into account Rotterdam-specific circumstances such as storm damage or ground subsidence due to the delta. Important: check the lease agreement for specific provisions regarding the deposit, often aligned with municipal rules for temporary land leases. In case of disagreement, Book 7 of the Dutch Civil Code (BW) applies, which prescribes a reasonable period.
Tenants in Rotterdam often prevail if the landlord provides no evidence, for example, in cases of standard wear and tear from rain or sand from the Maasvlakte. Landlords may only make deductions for proven damage, not for normal wear and tear. Local tips: conduct a joint inspection at the start and end with a Rotterdam notary or real estate agent, and retain all correspondence via platforms such as the Rotterdam Tenants' Association. This way, you avoid disputes and get your money back, even for busy locations like the parking garages around the Erasmusbrug. (278 words)