How to get your rental deposit back

The deposit is not your landlord’s money. It is yours, handed over as security, and it should return to your account at the end of the tenancy unless there is real damage to justify a deduction. In practice many tenants write it off, simply because nobody told them what deadlines protect them. Here is what the law says in Spain and The Netherlands, and how to claim it step by step.

What a deposit is, and whose money it is

A deposit is security against unpaid rent and against damage that goes beyond ordinary wear and tear. It is not an extra payment, it is not a month of rent in advance, and your landlord cannot keep it simply because you are moving out.

Ordinary wear is not damage. Faded paint after several years, yellowing sealant, light marks on a floor: that is what living in a home looks like. Damage is something else — a broken window, a torn-off door, a burn in the worktop.

Spain: a compulsory deposit and a one-month deadline

The Spanish tenancy act sets the deposit for a main residence at one month of rent, and requires the landlord to lodge it with the housing body of their autonomous community. That lodgement is your best evidence: if it never happened, the landlord broke a legal obligation, and that works in your favour in any claim.

From the moment you hand back the keys, the landlord has one month to return the balance. After that deadline the outstanding amount accrues interest. Any extra guarantee demanded on top of that month must be written into the contract, and is equally recoverable at the end.

The Netherlands: the borg and the Wet goed verhuurderschap

Under the Wet goed verhuurderschap, in force since 2023, the deposit may not exceed the equivalent of two months of basic rent, and the landlord has to return it shortly after the tenancy ends: around two weeks when there is nothing to deduct, a little longer when there is, and always with a written breakdown of every amount withheld.

Where a landlord ignores this, the enforcing authority is the municipality. Almost every gemeente runs a meldpunt where you can report landlord misconduct. For disputes about the amount or the condition of the property, the usual route is the Huurcommissie.

What your landlord may deduct, and what they may not

They may deduct unpaid rent or utilities, and the repair of specific damage you caused. And they have to evidence it: photographs, invoices or quotes, not a round number with no explanation.

They may not deduct:

Ordinary wear and tear from living in the property.
A routine clean or a routine coat of paint, unless the contract says so expressly and proportionately.
Repairs to things that were already worn when you moved in.
Administration fees or charges for ending the tenancy.

How to claim it, step by step

Document the condition of the property on the day you move in and the day you leave: dated photos and video, room by room.
Hand back the keys with the exact date recorded in writing.
Claim in writing, never by phone alone. An email already counts as evidence; recorded delivery carries more weight.
Set a specific, reasonable deadline and cite the rule that protects you.
If there are deductions, demand the breakdown and the invoices behind them.
If there is no reply, go to the consumer office in Spain, or to your gemeente meldpunt and the Huurcommissie in The Netherlands.

If they refuse to return it

In Spain the next step is a complaint to the consumer office of your autonomous community. For small amounts, the simplified court procedure lets you claim without a lawyer below the statutory threshold. In practice, a written reminder that the deposit was lodged with the regional housing body settles many cases long before that.

In The Netherlands the Huurcommissie resolves a good share of these disputes quickly and cheaply, and the Juridisch Loket offers free legal guidance.

And whether or not you file anything formal, write down what happened. A landlord who keeps deposits will carry on keeping them until somebody puts it somewhere the next tenant can read it.

Frequently asked questions

How long does a landlord have to return the deposit?

In Spain, one month from the handover of the keys; after that the debt accrues interest. In The Netherlands, around two weeks when there are no deductions, and somewhat longer when there are, always with a written breakdown.

Can they keep the deposit for cleaning or painting?

Only where the deterioration goes beyond ordinary wear, or where the contract says so expressly and proportionately. A routine coat of paint after several years of tenancy is not damage caused by the tenant.

What if I never signed an inventory?

You are still entitled to your money back. Without an inventory the burden of proof sits with the landlord: they have to show the damage was not there before, and quantify it with invoices.

This guide is general information for tenants, not legal advice. Specific amounts and percentages change every year and vary by region and municipality, so confirm your own situation with the relevant authority or a professional.