How much deposit can my landlord ask in Netherlands?

Since 1 January 2023, a landlord in the Netherlands may ask for a maximum of two months' basic rent as a deposit (waarborgsom). This applies to all rental agreements in the Netherlands, both social and private rentals. The legal deposit limitation under Dutch law protects tenants against excessively high deposit amounts and makes renting more accessible.

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The short answer

The maximum deposit a landlord may ask for is two months' basic rent. This means the rent excluding service charges and other additional costs. A landlord may also ask for less deposit or no deposit at all. The deposit limitation applies to all new rental contracts from 1 January 2023 and also to existing contracts upon renewal or modification.

What does Dutch law say?

The deposit limitation is set out in Article 7:231b of the Dutch Civil Code (Burgerlijk Wetboek). This rule applies to all residential properties in the Netherlands, regardless of whether it concerns social or private rental. Dutch law clearly states that the deposit may never be higher than two months' basic rent. Service charges, utilities and other additional costs do not count towards the deposit calculation.

1Article 7:231b BW (Dutch Civil Code) limits the deposit to a maximum of two months' basic rent

2The rule applies to all rental agreements concerning residential property

3Only basic rent counts, no service charges or additional costs

What should you watch out for?

Pay close attention that the landlord only counts the basic rent for the deposit calculation. Check that the landlord is not trying to include extra costs in the deposit. If the landlord asks for more than two months' basic rent, they are acting contrary to Dutch law. You can then refuse to pay the excess amount.

1Check that only basic rent is included in the calculation

2Ask for a clear breakdown of the deposit amount

3Refuse payment if the deposit is too high

4Document all agreements about the deposit in writing

Practical example

Suppose you rent an apartment for €1,200 basic rent per month, plus €150 service charges. The maximum deposit the landlord may ask for is then 2 x €1,200 = €2,400. The service charges of €150 per month do not count. If the landlord asks for €2,700 deposit (based on total rent including service charges), this is too much and contrary to Dutch law. You are then only obliged to pay a maximum of €2,400.

What can you do?

If a landlord asks for too much deposit, you can take various steps to protect your rights under Dutch law.

1Calculate the maximum deposit yourself (2 x basic monthly rent)

2Point out the legal deposit limitation to the landlord in writing

3Refuse to pay the excess and only offer the correct amount

4Seek legal help if the landlord continues to insist on too much deposit

Conclusion

The maximum deposit is legally limited to two months' basic rent, excluding service charges. Landlords who ask for more are acting contrary to Dutch law and you can refuse to pay the excess amount.

Frequently Asked Questions

Does the deposit limitation also apply to my existing rental contract?

May the landlord also ask for no deposit?

What happens if I refuse to pay too much deposit?

Do parking costs count towards the deposit calculation?

When do I get my deposit back?

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