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You are here: Home Housing Renting Ask the Expert: When your housing deposit is withheld

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11/02/2009Ask the Expert: When your housing deposit is withheld

What do you do when an agency refuses to pay back a deposit when you see no grounds for this?

Reader's question: Do you know any organisation / lawyers that I can contact in case of legal issues? Our housing agency is not paying back the deposit although everything is in order in the apartment, and owner signed a paper saying that he will pay back.

Mike Russell replies:
Before going contacting a lawyer about this, you might want to consider the following:
  • How much money are we talking about? A decent lawyer starts +/- EUR180 per hour (+ 19 percent BTW). You'll end up paying 2-4 hours just to tell your story. As for which lawyer, take a look in the Expatica site or ask for a recommendation in one of the discussion forums;
  • Do you have a case? The question must be asked. We often check-out apartments where the tenant swears that the property is in perfect condition but, in all honesty, it is not remotely close to the condition at check-in.
  • Does your landlord have a case? When asked, what reasons does the landlord give for withholding the deposit? Does (s)he have any grounds at all? A small scratch on a wooden floor, for example, could involve the entire floor needing sanding and re-varnishing - this could easily cost EUR1000.
  • What role can your agency play? If you've used an agency to rent the place in the first instance, then it's reasonable to ask if they can play a role. At Perfect Housing, we remain involved to help administer the deposit and settle any disputes.
  • Have you met face-to-face? You may have been swearing at each other by email but a face-to-face meeting can often resolve things. Clearly if you have reasonable grounds and the money and hassle (and maybe even a principle) is worth it, then contact a lawyer or an incassobureau and explore next steps.

 [The above question and answer was taken from our Ask the Expert section under the 'Renting a house' category. Other housing categories include 'Buying a house' and 'Mortgages'.]

Have your questions answered

Mike Russell If you would like to ask housing expert Mike Russell a question then go to our Ask-the-expert section. You will find Mike listed under Renting a house.

 


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3 reactions to this article

Amsterdam Expats posted: 07-04-2009 | 1:22 PM

Amsterdam Expats | http://www.amsterdamexpats.nl/?lang=en

We are a real estate agency with years of experience in the leasing and letting of part-furnished and/or furnished homes. We are the ultimate specialist in finding suitable homes for people coming to live and work temporarily in the Netherlands. Our mission is not to be the biggest, but to be one of the best. This objective has enabled us to keep on growing for many years.

Website: http://www.amsterdamexpats.nl/?lang=en

fanni posted: 02-09-2009 | 11:37 AM

Actually, it means then if your deposit is around 1000 euros or so, the agency/ landlord can play around and keep the money because the legal help is too expensive, you would loose it anyway... I love to live in this country!

Guido Zijlstra posted: 11-01-2010 | 11:42 PM

No, Fanni, this is absolutely not the case. I give legal advise to tenants and have several procedures at court running to claim back deposits that landlords refuse to pay back. These cases are normally won by the tenant, unless the landlord can proof the apartment was in a bad condition at the end of the lease (worse than it was at the beginning of the lease).

The costs of the procedure are 280 euros (court expenses) and after winning the case the landlord has to pay you back these costs. I don't charge the tenant anything for cases like this, because also my fee has to be paid for by the landlord. So after winning the case you get back your 1000 euros and the landlord ends up paying all the court expenses on top of that.

Feel free to contact me if you need any help.

Guido Zijlstra (info@guidozijlstra.nl)

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