Moving to a new place is seen as a highly stress-full event. Packing your things, ending your gym-subscription and lots of other things have to be taken care of before you’re all set in your new home. One of the most common obstacles that occurs in this time-consuming process is an evil old landlord not paying up your deposit after moving. Like in the rest of the world, the problem of not getting your deposit back can cause a lot of anger and stress. Before you give in to the feeling that your money isn’t worth the effort, here are some tips from Jens-R Henkelmann, who has recently been down the legal track of getting his money back.

After having won his legal case against his old landlord (getting your deposit back + costs for the legal case YAY), here are some fun facts from the lessons he’s learned:

Aangetekend

1. If you want to move out and terminate your contract, always send the letter “aangetekend” no matter how good the relationship with the landlord is.

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Checkout

2. If your landlord does the checkout without you, claiming it was impossible to do it together with you (and this isn’t true) this alone is reason enough to get back your deposit in full.

No Checkout

3. If the landlord forgets to do the checkout before you move out and doesn’t give you the chance to fix things yourself, again: You get your deposit back since you need to have this chance by law.

Photos

4. If the landlord (or an agency) makes photos of your apartment with the goal to show that he needed the full deposit, he also needs to present photos from before you moved in. Since HE claims that it’s not in the same state as before HE needs to prove that it’s not. Better yet: if you move in, make your own photos of everything that is not 100% so you can prove it was like that before.

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Beginning Argument

5. Don’t try to argue with the landlord or agency on your own if it is getting weird. Go to the juridisch loket right away and talk to the lawyer they send you to. It’s a whole different story when you’re backed by an agency 🙂

Patience

6. Last of all you need to be patient: it took 18 months in our case to get my money back, but it’s worth the effort because it’s your money!

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6 COMMENTS

  1. Hello, i need help to get my deposit back from the landlord in Helmond. We have all the evidence that she is just naking up things to keep the 950 . We went through insurance and they wont pay fir the lawyer as they say that when we signed the contract we were not in Netherlands and got the insurance when we moved in.
    Pleaae let me know if you can give us advice.
    Thanks

  2. Having problems also, landlord invented around 5 different lies to keep the deposit. Claimed he had no money yet is a millionaire (Eugene van Dun), then startig inventing things wrong with the appartment 3 months after returning the keys, and there was nothing on the check out form.

    Lawyer fees cannot be sued for refund so he knows he is untouchable, refuses to provide receipts for the imaginary work (because clearly there aren’t any).

    Strongly recommend staying away from him or any of his properties. He is back listed in many estate agents due to a large number of complaints.

  3. I think this article is misleading- Judisloket will not give you a free lawyer if you are renting an expensive apartment from the “free market” – someone correct me ?

  4. I forsee us having problems as a lot of the house finishes have been peeling off due to it being poor quality. Like the wall skirtings or some hinges. Even some of the pots are burnt because they are of a cheap quality and the gas stove is too harsh on them. At first glance these look like neglect from our side, even though its not. How does one defend that if the landord makes an issue?

  5. Hi I need to get back my deposit that Safe capital owns me.The agent Bob lied me and did not getting back telling that I never paid it and the costs of the agency as well and Im a homeless and really he made me a contract for 6 months signed for him that all was ok and I need how said in the contract pay the fee and deposit at the same time for having the contract so a big lier and he gave me the keys also.And accused me of something unbelievable that he gave me all of it without paying.An play silly games with other tenants as well owns the deposit maybe with the same excuses.Also he insulted me because Im not a homeless and I payed him too much 700 plus agency fee plus rent and I need to get back my deposit plus the others months

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