Deposit specification requirements in Leiden

What are the legal requirements for a deposit?

The most important legal rules for a deposit can be found in the Civil Code (BW), particularly in the articles on guarantee and burden of proof. In addition, the General Tenancy Act and the Real Estate Purchase Act also play a role, depending on the type of agreement.

1. Written recording

A deposit must be recorded in writing. This means there must be an agreement or a separate document stating the following:

• The amount of the deposit.


• The purpose of the deposit (for example: security for damage or rent arrears).


• The period within which the deposit must be refunded (for example after termination of the lease agreement).


• The parties involved (tenant, landlord, etc.).

Legal basis: Article 6:248 BW (on guarantee) and article 7:900 BW (on burden of proof).

2. Reasonable amount

A deposit must be reasonable in proportion to the possible damage or costs that the landlord or seller may incur. There is no fixed maximum, but a deposit that is clearly disproportionately high may be considered unfair. For example:

• A deposit of €5,000 for a rental property with a monthly rent of €800 is probably too high.


• A deposit of €200 for a studio with a rent of €600 is usually acceptable.

Legal basis: Article 6:248 BW (guarantee) and judicial practice on reasonableness and fairness (art. 6:248 para. 2 BW).

3. Clear refund conditions

The deposit must be refunded to the tenant or buyer when the agreement has been terminated and there is no further damage or debts. The refund conditions must be clear, for example:

• When will the deposit be refunded? (for example within 1 month after vacating the property).


• Why can the deposit be withheld? (for example for unpaid rent, damage or cleaning).

Example: If a tenant terminates the lease, the landlord must refund the deposit within a reasonable period, unless damage has been caused. If the landlord wrongfully withholds the deposit, the tenant can challenge this legally.

4. No mingling with other amounts

A deposit may not be mingled with other amounts, such as the last month's rent or cleaning costs. This would lead to uncertainty and may cause legal problems. For example:

• A landlord may not automatically deduct the deposit from the last month's rent without clearly communicating this.


• If there is damage, the landlord must provide a separate overview of the costs and how they are deducted from the deposit.

5. Burden of proof of the landlord

If the landlord or seller withholds the deposit in whole or in part, he or she must provide proof that this is lawful. This may include, for example:

• An invoice for repaired damage.


• An overview of unpaid rent.


• A report from a cleaning company.

Legal basis: Article 7:900 BW (burden of proof) and article 6:248 BW (guarantee).

Practical examples of deposit specification

Below are two examples of how a deposit can be correctly and incorrectly recorded.

Correct deposit specification (in a lease agreement)