Question:

I rented an apartment in Rotterdam for 3 months through Rots Vast. I extended the contract 4 more months through the landlord and she told me tell her one month in advance. I told her again on April 12th, that I would be leaving and she says she’s keeping half my deposit because I didn’t give advance notice (although I told her in January I was leaving in April). She is also now saying that fixing the toilet is my expense. No inspection check at beginning and none planned for end (29th Apr). Advice?

Answer:

There are several questions in your mail. Most rental contracts are explicit about when notice can be given and how that notice must be communicated. A typical clause might state something like ‘you may terminate the rental agreement after an initial period of so many months (often 6) with a notice period of one calendar month. Furthermore, there is often the requirement to communicate that notice by registered letter to the owner and/or their agent. Of course, this is the formal side and a not every owner sticks to the letter of the contact accepting, instead, notice by email, phone or post-it. Fixing the toilet at your expense sounds unreasonable but the owner may cite cause. If, for example, you washing machine breaks because your have stuffed 20KG in instead of the 5KG limit, then you should pay. It a washing machine breaks because it’s a classic 1972 model and its best days are long-gone, then this would typically be an expense for the owner. I have answered several other questions in Expatica’s Ask-the-Expert section on reclaiming deposits and providing notice. Please search further in this blog for additional tactics on handling deposit recovery.

 

Question:

We were renting a furnished apartment in Delft for a year. At the end an agent checked the apartment twice. It was perfect. Two weeks later the landlord found a stain in the mattress. He suggested to buy a new one (the prize for the new mattress is 1875 euro). Our suggestion was to chemically clean the inner part of the mattress and drape it with a new cover. The apartment was not new at the beginning. Is our obligation to buy a new one? Two months after they still keep 3000 eur of our deposit. Thanks in advance, Ivona

Answer:

We receive a lot of questions on deposits. It’s always tricky to discuss a specific situation but here are some thoughts. At the final inspection, there is typically a sign-off. Any items that are broken, in need of repair, scratched, dirty…etc. are documented. It appears that this did not happen in your case. The most discussion is always generated by cleanliness. The classic scenario is that the apartment (or item in question) was not clean at the start of the tenancy and therefore there is no obligation to return is clean(er) at the end. Although possibly too late now – a good check-out starts with a good check-in. There are various suggestions to questions on returning deposits in responses to other questions in this blog (search on ‘deposit’ and in the Expatica – Ask the Expert (Housing section). Good luck in resolving this.

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How much!?

It is surely reasonable for a property owner to ask a security deposit. Of course, if you’ve justed arrived in Amsterdam and have yet to bank your first pay-cheque then two month’s deposit, a month’s advance rent, and a month agency fee can sound like a lot of money – it is A LOT OF MONEY! It’s four month’s rent (plus a little tax) and you’ve not even received the keys yet.

The two questions that keep cropping up are: 1) How can I reduce the amount of deposit? 2) Will I get my security deposit back at the end?

How can I reduce the amount of deposit?

Here are few practical thoughts:

  1. Ask if it’s possible to pay one month’s deposit instead of two. If two month’s is still required, see if you can pay one up front and the next month’s deposit with the second month’s rent.
  2. Ask your employer if they will front the deposit – or at least lend it to you with a payback scheme spread over the next few months. Try not to blink too much or sweat when asking your HR manager this.
  3. Ask if the owner will accept a bank guarantee instead of a cash deposit. This takes time to set up and there are costs inolved (e.g. interest on the amount of the guarantee over the life-time of the gaurantee).

Be aware that the hotter the property the more interest there is from potential tenants. If you make too many demands regarding the deposit then the owner may reject you as either unreliable (i.e. likely defaulter in the future) or simply favour another candidate that pays the requested deposit no questions asked.

Will I get my security deposit back at the end?

“Of course you will” says the owner, smiling broadly before jumping into his Porshe Boxter and roaring off for a round of golf.

While most owners are honest, there are those they may take advantage of your good nature. Considering the following will help you get your deposit back:

  1. Conduct a thorough check-in. Document any defects in the apartment. Take photos where needed. Verify the inventory and make sure the property is clean. Get everyone (you, the owner, perhaps the agency) to sign off.
  2. Conduct a thorough check-out. If you are to be charged for anything, you need to know in writing what it is. Ask to see official cost specifications (e.g. receipts, invoices, quotes). The owner should be able to justify all deductions.
  3. Your security deposit should be returned quickly. If the owner is waiting on a repair to be able to detail the cost exactly, then ask for the undisputed portion of the deposit to be returned in the meantime. Although many contracts state that two months may elapse before the deposit needs returning – two weeks is more realistic if there are no issues.

Still interested in renting an apartment in the Netherlands? Visit PerfectHousing.

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