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Deposit is not being returned

We moved out from our apartment in June 2023 and the landlady is refusing to pay us our deposit back, which is 1250 Euros. We have left the apartment in the same condition as we received it and we would like to get legal advice on the issue. A colleague told me that there is the option to receive an official letter from you to support our case. Could you give us a recommendation or support on what our options are and how we can proceed?
Rechtswinkel Info

Rechtswinkel Info

Student

Eindhoven

545
0
35 uur

It appears that you are dealing with a dispute over the return of your deposit after the end of your rental period. In the Netherlands, there are specific rules that define the rights and obligations of both the tenant and the landlord.

If you believe the property was in the same condition as when you moved in, and the landlord is unfairly refusing to return the deposit, there are steps you can take to resolve your issue.

The first step is communicating with your landlord. Ensure that you keep records of written communication. Discuss with the landlord why they are not returning the deposit. Ask for a detailed list of costs that they believe should be deducted from the deposit.

If no agreement is reached, you may consider sending a registered letter explaining the dispute and requesting the return of the deposit. Also mention in the letter that you are willing to take legal action if the deposit is not returned within a certain period.

If the landlord still refuses to return the deposit, you may consider launching a proceeding at the subdistrict court. No formal requirements apply to the procedure and you do not need a lawyer. However, given the complexity of legal procedures, it may be advisable to seek legal assistance.

It is also possible to resolve the dispute through a rent tribunal or the municipality, depending on the specific rules that apply to your situation.

I would advise you to consult a legal professional or a lawyer to further analyse your situation and determine which step would be best in your case. They can also guide you in drafting the registered letter or assist you in conducting a judicial procedure, if necessary.

Please note, this advice is solely meant to get you started and simplify the situation. I highly recommend seeking further legal assistance.

Beoordeel dit antwoord:
Silvienne Leito

Silvienne Leito

Jurist

Nieuwerker a/d IJssel

272
0
35 uur

Good afternoon,

Unfortunately, this is a common problem when tenants terminate the contract. As mentioned above, it is important to follow the right steps when recovering the amount of deposit. We could provide you with legal assistance in the process. Please feel free to contact us without to discuss the options.

Kind regards,

Silvienne Leito (LL.M.)
FerLei Legal
+31(0)649175526

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