Which laws protect the repayment of the deposit?

In the Dutch tenancy law of 2026, the deposit is one of the most discussed topics when terminating a rental contract. Previously, repayment of the deposit was often a source of uncertainty and lengthy discussions, but recent legislation, in particular the Good Landlord Act and specific additions to the Civil Code, have significantly strengthened tenants' rights. The time when a landlord was able to hold the deposit for months without giving a reason is definitely over.

This article explains which legal frameworks in 2026 determine how, when and under what conditions the deposit must be repaid.

Article 7:261 b of the Dutch civil code: The statutory repayment period

The most important pillar of guarantor protection is Article 261 b of Book 7 of the Civil Code. Since the introduction of this provision, the deadline for reimbursement is no longer a matter of negotiation, but a harsh legal requirement.

According to this article, the landlord must refund the deposit within 14 days of termination of the rental agreement, provided that there is no damage or overdue payments. This short period is intended to help tenants transition to a new home, where a deposit often has to be paid again. If there are deductible costs (such as damage or overdue rent), the remaining amount must be refunded within 30 days at the latest. The law thus forces the landlord to speed and transparency.

The Good Landlord Act

In addition to the Civil code, the Good Landlord Act (Wgv) is a crucial layer of protection. This law gives municipalities the authority to actively enforce the behavior of landlords.

The Wgv states that a landlord must inform the tenant in writing about the rights and obligations with regard to the deposit. One of the most important provisions in 2026 is the maximum amount of the deposit: for all contracts concluded after 1 July 2023, the deposit may amount to a maximum of two months of basic rent. Does a landlord ask for more? Then he acts contrary to the basic standards of good landlords. Tenants can report abuses directly to a municipal hotline in 2026, after which the municipality can impose sanctions or fines on the landlord.

Protection against unjust deductions: Article 7:224 of the Dutch civil code

A common conflict is the question of exactly what can be deducted from the deposit. Article 7:224 of the Dutch Civil Code offers the necessary protection against arbitrariness here.

The law states that the tenant is not liable for damage caused by “normal wear and tear” or age. Discoloration of the walls due to sunlight, slight scratches on an old floor or the failure of a boiler due to age should never be deducted from the deposit. The law protects the tenant by placing the burden of proof largely on the landlord:

• Recording state: If no description of the property has been made at the start of the rent, the tenant is presumed to have received the property in the condition as it is at the end of the rent.
• Written specification: The landlord is obliged to provide the tenant with a complete and specified cost specification (invoices or quotes) with each deduction. Without this substantiation, the withholding is legally invalid.

The affordable rent and service fees act

In 2026, the regulations concerning service costs will be closely linked to the deposit return. The law allows the landlord to retain part of the deposit for outstanding service costs or utilities, but only if this is reasonable and substantiated.

The landlord is not allowed to withhold the full deposit pending the annual final bill, which comes months later. The law states that the landlord can only reserve a proportional part that is proportional to the expected shortage. Abuse of the service charge bill as an excuse to hold the entire deposit will be severely sanctioned by judges and the Rent Commission in 2026. In addition, the landlord must provide a specified summary of the actual service costs each year, which ensures auditability.

Legal remedies: Collection costs and statutory interest

When a landlord exceeds the statutory periods of 14 or 30 days, additional protective laws, such as the Collection Costs Act (WIK), come into effect.

As soon as the landlord is in default (after the expiry of the legal period and a written reminder), the tenant is entitled to:

• Statutory interest rate: The landlord must pay interest on the deposit for the entire period that it has been repaid late.
• Extrajudicial collection costs: If the tenant has to hire a lawyer or collection agency, the costs of this will be borne by the negligent landlord according to a legal scale.

These financial incentives were created to prevent landlords from speculating with the tenant's money. In 2026, this will act as an effective deterrent against “forgotten” payments.

The role of the subdistrict court and enforcement

Although the Rent Commission settles many disputes, the subdistrict court is the appropriate authority for the actual recovery of the deposit in 2026. Dutch procedural law is organized in such a way that procedures about the deposit are relatively easy.

The law protects the tenant here by setting strict requirements for the landlord during the procedure. Can't the landlord provide a signed inspection report of both the start and end of the rental? Then the judge almost always rejects the landlord's claim for compensation. The combination of private law protection (through the courts) and public law enforcement (via the municipality and the Wgv) ensures that in 2026, the deposit will be seen more than ever as what it is: temporary collateral that remains the property of the tenant.