How to Get Your Rental Deposit Back in the Netherlands: Documentation, Check-In Reports & Legal Protection (2026)

You move out of your apartment. It’s spotless. You’ve been a perfect tenant. Then your landlord emails: “We’re deducting €800 from your deposit for cleaning and wall damage.”

You took no photos. You never got a check-in report. You have no proof the walls were already damaged. You lose €800 because you didn’t document anything.

This happens constantly. But it’s completely preventable. Read about how to avoid rental scams. This guide explains the three-inspection system that legally protects your deposit, the documentation strategy that wins disputes, and what to do if your landlord refuses to return it anyway.

The Simple Truth About Deposits

Your Legal Rights

You’re entitled to get your full deposit back IF:

You paid rent on time
You didn’t cause damage beyond normal wear and tear
You left the property in agreed condition

You are NOT entitled to keep your deposit IF:

You owe unpaid rent (landlord can deduct this)
You caused damage beyond normal wear (with proof)
You damaged furniture or appliances (with proof)

Landlord’s burden: They must PROVE you caused the damage. For contracts signed after August 1, 2003, the burden of proof is on the landlord, not you.

What’s the Legal Timeline?

Deposit must be returned within:

14 days to 2 months after contract ends (varies by contract)
Check your lease for specific timeline
If not specified: typically 1 month is customary

Maximum legal deposit: 2 months of basic rent (anything higher is unreasonable by law).

The Three-Inspection System: Your Legal Shield

Everything about getting your deposit back depends on this system. Understand it now, before you move in.

Inspection 1: Check-In (Opnamestaat) – Day You Move In

What it is: A written record signed by both you and your landlord documenting the property’s condition BEFORE you move in. This is your legal protection against being blamed for pre-existing damage later.

Why it matters:

Landlord CANNOT later claim you caused damage that was already there
Without it: Property assumed to be in “good condition” (for contracts after 2003)
With it: You have legal proof of what existed before you
Without it: Burden shifts to YOU to prove damage was pre-existing (much harder)

What must be included:

Section	What to Document
Every room	Photos from 2–3 angles (wide + detail shots)
Damage/stains	Any existing marks, holes, scratches, stains (note location)
Appliances	What works, what doesn’t (oven, dishwasher, heating, AC)
Bathroom	Mold, water stains, damaged tiles, condition of grout
Windows	Drafts, broken seals, dirt, condensation
Flooring	Carpets (stains, wear), tiles (cracks), wood (damage)
Walls	All holes, marks, paint condition
Furniture (if furnished)	Condition, tears, stains, broken items
Meters	Photos of electric/gas/water meters

Critical: Both you AND landlord must SIGN it. Without signatures, it’s not legally binding.

If landlord refuses to do a check-in report:

Document this refusal in writing (email to landlord)
Take photos yourself anyway (same legal effect)
Get dated email confirming you requested it
Keep all records

Photos matter more than words. Descriptions can be disputed; photos cannot.

Inspection 2: Pre-Inspection – 2 Weeks Before You Leave

What happens: Your landlord walks through the apartment about 2 weeks before your lease ends and identifies any damage that needs repair. This is NOT the final inspection—you still have time to fix things.

Timeline:

2 weeks before lease ends: Pre-inspection happens
You now have time to make repairs
You can continue repairing until the LAST DAY of your lease
Repairs after lease ends = your financial problem (outside contract)

What gets documented:

Any damage beyond normal wear and tear
Required repairs (with cost estimates if applicable)
Timeline for repairs (usually by last day of lease)
Both parties sign the report

Critical rule:

Don’t sign the pre-inspection report if you disagree with the damage assessment
If you disagree: Contact Juridisch Loket (free legal help) before signing. Also check our guide on handling maintenance disputes.
Your signature = legal acceptance of the damage list

Inspection 3: Final Check-Out – After You Move Out

What happens: Few days before or after you move out, landlord checks:

Have all pre-inspection repairs been completed?
Is the property clean and in agreed condition?
What, if anything, still needs to be deducted?

Key legal rule:

Landlord CANNOT introduce NEW damage claims at final inspection
ONLY repairs from the pre-inspection list can be deducted
If all pre-inspection repairs completed: You get FULL deposit back

What you should do:

Clean thoroughly before final inspection (oven, bathroom, floors, etc.)
Take photos of the clean, empty property (with dates)
Have landlord sign check-out report
Get written confirmation of return timeline + amount

Photography Strategy: Document Everything

This is where most tenants lose their deposits—by not taking photos. Landlords know this.

Check-In Photos (Day You Move In)

Take DETAILED photos of:

Every room (wide + close-up shots):

All walls (close-ups of any marks, holes, stains)
All corners (where walls meet floor/ceiling)
All doors, handles, locks
All windows (glass, frames, seals, dirt)
All light switches, outlets, fixtures
All flooring (close-ups of damage, wear, stains)
All appliances (close-ups showing condition)

Bathroom (critical—mold develops fast):

Tile grout (mold stains, discoloration)
Ceiling (water stains, mold)
Shower enclosure (damage, caulk condition)
Ventilation (working or not)
Sink, tub, toilet (condition, stains, damage)

Pro tip: Use your phone’s timestamp feature or include a dated piece of paper in some photos as proof of date.

Move-Out Photos (Before Final Inspection)

Take photos showing:

Every room clean and empty
Appliances clean (oven interior, stovetop, refrigerator)
Bathroom spotless (grout, tiles, no mold)
Floors clean (swept, vacuumed, no stains visible)
Walls (clean, no marks added)
Windows clean (interior and outside panes)
All evidence you cleaned thoroughly

Why: These photos prove you left it clean. Landlord cannot claim you left mess without contradicting your photos.

Final Inspection Photos

During final inspection, photograph:

Any damage landlord claims
Context (full room view + close-up of damage area)
Landlord pointing to damage (optional, but powerful)
The condition dispute clearly visible

Written Documentation: Email Trail + Signed Reports

Request Everything in Writing

Email to landlord: “Dear [Landlord], I would like to schedule a check-in inspection (opnamestaat) before I move in. Please confirm dates/times that work for you.”

Keep the response. This creates a paper trail.

Get Signed Inspection Reports

Check-In Report (Opnamestaat) Template: Should include:

Date, landlord name, tenant name
Property address
Room-by-room condition description
Photos attached (or referenced)
Furniture/appliance list (if furnished)
Any pre-existing damage noted
BOTH SIGNATURES + DATE

Critical: Get landlord signature on BOTH reports. Without it, they’re just your notes (weaker in disputes).

Get Written Refund Confirmation

Before leaving the property, get landlord to provide (preferably in writing):

Full deposit amount
When it will be returned (specific date or deadline)
Bank account for refund
Any expected deductions (with itemization)
Signature confirming above

What Landlords CAN and CANNOT Deduct

Legitimate Deductions (Landlord Can Deduct)

Damage beyond normal wear – But must have photographic proof
- Broken windows (from accidents/violence)
- Large holes in walls (from hangers, impacts)
- Damage to appliances from misuse
- Large stains from spills
- With invoice for repairs
Unpaid rent – If you owe final month
Unpaid service costs – If you owe utilities, heating, etc.

Important: Landlord must provide INVOICES for repairs they claim. “It cost €500 to fix” means nothing without proof.

NOT Legitimate Deductions (Landlord Cannot Deduct)

❌ Normal wear and tear (furniture fades, walls get marks)
❌ Broken old appliances (from age, not tenant action)
❌ Paint fading from sunlight
❌ Carpet wear from living
❌ Small nail holes from picture frames
❌ Outdated heating/plumbing breaking
❌ Standard cleaning (normal living leaves some dirt)

Rule of thumb: If damage would happen naturally from living in the space normally, it’s normal wear and tear. Landlord’s responsibility, not yours.

Burden of Proof

For contracts signed after August 1, 2003:

Landlord must PROVE you caused the damage. Learn more about rental contracts.
You don’t have to prove you didn’t
Without photographic evidence from landlord, you likely win

If Your Landlord Refuses to Return Deposit

Step 1: Friendly Reminder (Email)

Email template: “Dear [Landlord], Our lease ended on [date]. The deposit of €[amount] should have been returned by [deadline]. I have not received it. Please confirm when it will be transferred. My bank account is [details].”

Wait 7 days for response.

Step 2: Formal Demand (Registered Letter)

If no response, send REGISTERED LETTER (aangetekende brief):

What to include in letter:

Your name, address, lease dates
Deposit amount + payment date
Landlord’s claim for deductions (if any)
Why you disagree (reference check-in photos, reports)
Copy of signed opnamestaat
Copies of your check-out photos
Copy of invoice (if applicable)
Clear demand: “Return €[amount] within 14 days”
Legal sentence: “After 14 days from receipt of this letter, I consider you in breach of your obligation and will pursue legal action, with all associated costs charged to you.”

Success rate: ~60% of landlords pay after registered letter.

Step 3: Lawyer Letter

If registered letter ignored:

Send lawyer letter (Dutch lawyer, €200–€500)
Most landlords pay immediately after lawyer letter
Lawyer letter costs less than court case

Step 4: Court Case (Last Resort)

If lawyer letter ignored:

Small claims court (subdistrict court)
Submit case with all documentation
Costs: €300–€1,000
Court hearing takes 1–3 months

With strong documentation, tenants win ~80% of cases.

Free Legal Help

!WOON (Tenant Support):

Government-funded tenant support agency
FREE professional assistance
Negotiates with landlords
Needs: lease, payment proof, inspection reports, letters
Website: !woon.nl

Juridisch Loket (Free Legal Advice):

Government-funded legal consultation
FREE advice on tenant rights
Can help write formal letters
Website: juridischloket.nl

When to contact:

After landlord refuses to return deposit
Before sending registered letter (get advice)
To understand your legal position

Your Deposit Protection Checklist

Before moving in:

Get check-in report (opnamestaat) signed
Take comprehensive photos (every room, damage, appliances)
Store photos in cloud (backup)
Keep copy of signed inspection report

Before moving out:

Schedule pre-inspection (2 weeks before)
Complete pre-inspection, sign report
Make agreed repairs (or document why not possible)
Clean thoroughly
Take final photos

Move-out day:

Final inspection with landlord
Sign check-out report
Get written refund confirmation (date + amount)

After move-out:

Wait for return (per contract timeline)
If delayed: Send reminder email (day 30)
If still nothing: Send registered letter (day 45)
If still nothing: Lawyer letter (day 60)
If still nothing: Small claims court (day 90+)

Bottom Line: Documentation Wins Disputes

Simple truth: Landlords who cannot dispute your photos lose almost every case.

Get the check-in report. Take photos. Keep email trails. Get signatures. Store everything in cloud. When disputes come (and they will), you’ll have proof.

Without this, expect to lose €1,000+ in unfair deductions. With it, expect to get every euro back.