Hospita security deposit rules: how much and when to refund

The security deposit is one of those topics you only really run into as a hospita the moment a housemate is leaving. Until then it feels like a formality: an amount sitting in your account that you hope to refund cleanly. But what can you actually withhold, and how much are you allowed to ask for in the first place?

Dutch law regulates this tightly. There is a statutory maximum on the deposit, a statutory deadline for refunding it, and statutory interest if you are late. In this article we walk through the rules, plus how to record them in your contract and what to do if there is damage to your room.

How much deposit can a hospita ask for?

The maximum is fixed in law: at most two months' base rent. That stands regardless of what parties may agree privately, and it also applies to hospita rentals under article 7:232 paragraph 3 of the Dutch Civil Code.

By "base rent" the law means the rent excluding service costs. Are you renting out your room for 600 euros base rent plus 80 euros service costs for gas, water and internet? Then the maximum deposit is two times 600, so 1200 euros. Not two times 680.

Three common mistakes:

• Hospitas still working from an old contract that lists a deposit of three or four months. That is no longer permitted, and the tenant can reclaim the surplus.
• Hospitas calculating the deposit on the all-in price instead of base rent. That produces too high an amount and is also in breach of the law.
• Hospitas asking on top of the deposit for "key money", "administration fees" or "reservation fees". These kinds of costs are not allowed, and the tenant can reclaim them.

A reasonable amount is often one month's base rent. That is enough to absorb minor damage or an unpaid final month, and it lowers the threshold for your housemate. For a room of 600 euros you ask 600 euros deposit, not 1200. That is fully within the law and creates goodwill.

What can you withhold the deposit for?

The deposit is not extra income. It is a security: an amount you hold for specific cases where the tenant fails to meet their obligations. In practice there are three categories for which you may withhold:

1. Damage to the room or shared area. A hole in the wall, a broken window, a burned worktop, those kinds of things you can deduct. Not normal wear and tear, like light discolouration of the walls, small scratches on the floor or a carpet that has thinned with time. The line between damage and wear is at the heart of most disputes, so we'll come back to that shortly.

2. Unpaid rent or service costs. Has your housemate not paid the last month, or are they still behind on service costs? Then you may deduct that from the deposit. Important: you must have airtight bookkeeping (bank statements, receipts or a digital log) showing that arrears exist.

3. Final settlement of variable costs. Did you agree on an advance payment for energy? Then you may settle the difference between advance and actual usage based on the annual statement against the deposit, provided you back it up with a statement from your energy supplier.

What you may not do: use the deposit to compensate for "irritations", to cover replacement costs for the hospita, or to fund a cleaning of the entire house. A self-cleaned room cannot be charged through, if the tenant has handed the room back clean, the obligation has been fulfilled.

What is the difference between damage and normal wear and tear?

This is the heart of most deposit disputes. Dutch tenancy law draws a distinction between the two:

Normal wear and tear (do not withhold):

• Discolouration of walls from sunlight or normal use
• Light wear on floors from daily walking
• Small picture-hook holes that can be filled with spackle
• Yellowed ceilings above a cooking area
• A mattress or desk chair you provided that has worn out over time

Damage (you can withhold):

• Holes in the wall that cannot be patched with spackle
• Burn marks or ink stains on the floor or wall
• Damaged or lost keys
• Broken windows or doors
• Stains on furniture not caused by normal use
• Damage to window frames, for example by a pet that has chewed them

The mnemonic: anything that inevitably happens through time or use is wear and tear. Anything that comes from a specific event or negligence is damage. A discoloured wall after three years of habitation is wear. A wall painted crooked by your housemate is damage.

How do you record damage before a housemate moves in?

The golden rule: make a check-in report. A check-in report is a document in which you and your new housemate jointly record the state of the room and shared spaces at the moment they move in. Do this on the day the keys change hands, not later.

What to include:

• Photos of every wall, the floor, the ceiling and any furniture
• Description of visible defects (scratches, stains, holes)
• Number and condition of keys
• Meter readings (gas, water, electricity) if these are read separately for the room or house
• Inventory list of what you provide: bed, desk, lamp, wardrobe, curtains
• Signatures from both you and your housemate, plus date

Then send the report to your housemate by email or WhatsApp, so there can be no debate later about who recorded what. This document is your most important piece of evidence if a deposit dispute arises later. Without a check-in report your position in a dispute is significantly weaker.

On the day your housemate leaves, you do the same again: a check-out report with the same photos and descriptions. Differences between check-in and check-out are the basis for any withholding.

When must you refund the deposit?

This is also fixed in law. If you withhold nothing, you must refund the deposit within fourteen days of the end of the tenancy. If you withhold part for damage, a somewhat longer deadline applies; check the exact period so you don't overrun it. The deadline runs from the end of the tenancy, when the housemate has left and returned the keys, not from the moment they gave notice.

Are you withholding part for damage or unpaid costs? Then you must back it up with a written specification. In that specification you list:

• Which amount you are withholding and for what (per item)
• Supporting evidence: photos, repair quotes, receipt from a cleaning company, energy invoice
• The remaining amount you are refunding
• The date on which you transfer the amount

Send that specification along with the refund, within the deadline. If you do not, you risk the withholding being declared unfounded and having to refund the full amount anyway, plus interest.

For the final energy settlement: if the annual statement from your energy supplier has not yet arrived, you may withhold a reasonable amount and settle the exact amount once the statement comes in. Tell your housemate in time how you will arrange this, and keep the amount reasonable.

What happens if you refund late?

The law is strict here. If you refund after the deadline, you owe statutory interest on the amount you still have to refund. The government sets the statutory interest rate periodically.

On top of that: if your housemate enforces refund through a demand letter or debt collection, you can also become liable for out-of-court collection costs, plus any legal fees if the case goes to court.

Two common causes of late refund:

• The hospita is still in dispute with the housemate about damage and postpones. That is no reason to overrun the deadline: you refund the undisputed portion on time and only retain the disputed portion until the discussion is resolved.
• The hospita "forgets". Sounds innocent, but it gives your housemate immediate grounds for collection. Set a reminder in your calendar a few days before the deadline.

How do you record the deposit in your tenancy contract?

In your tenancy contract you include a separate clause for the deposit. A workable wording:

That covers the statutory maximum, the refund deadline and the grounds for withholding. Want a lower deposit? Simply fill in that lower amount. Asking for more is not allowed.

Don't forget to settle the deposit on a separate line in the bank transfer: "Deposit [tenant name] [address] [month]". That helps you later prove that the amount was a deposit and not rent or a gift.

For the broader context of what belongs in a hospita arrangement, see our complete guide to renting out a room as a hospita and the hospita regulation explained. And if you still need to determine what rent you can charge for your room, read what the Dutch Affordable Rent Act means for hospita rooms.

What if your housemate disputes your withholding?

Sometimes it's unavoidable: you withhold something and your housemate disagrees. Two scenarios:

Scenario 1: reasonable conversation Send your specification with photos and supporting evidence. Offer to walk through the damage together. Often that leads to a middle-ground solution, for example, you split the costs, or your housemate has the damage repaired themselves rather than via an expensive quote.

Scenario 2: they take formal steps If you cannot resolve it between you, your housemate can take formal steps to get the deposit back. Whoever assesses the case will look at your check-in report, your photos and your reasoning. Have an airtight file? Then your withholding has a good chance of standing. If you don't, you may have to refund the amount anyway, plus interest.

In the worst case a housemate can launch a demand letter or collection procedure. You don't want to end up there, not necessarily because you can't be in the right, but because it costs disproportionate time, money and hassle. A good check-in report combined with a transparent final specification prevents the vast majority of these situations.

Frequently asked questions

Can I ask for "first-month rent" or "key money" on top of the deposit?

No. Additional one-off costs such as key money, administration fees, reservation fees or brokerage fees when you rent out yourself are not allowed. You may only ask for the first month's rent and the deposit. Service costs are allowed, provided you specify them in a separate agreement and only against actual costs.

What if my housemate leaves early without paying anything, can I keep the deposit?

You may deduct the amount of unpaid rent and any damage from the deposit, but no more. If your tenant for example leaves two months early and therefore does not pay one month's rent, you may withhold that one month. The rest of the deposit you must simply refund. A "penalty" for early departure is only valid if it is explicitly in the contract and reasonable, a so-called reasonable damages clause.

My housemate painted the walls purple. Can I withhold the painting costs?

Yes, provided the contract states that the room must be returned in its original condition. If that clause is in there, you can withhold the reasonable costs of repainting (one coat of cover paint plus labour). Do that with a quote or invoice from a painter, not with a guess off the top of your head. If your tenant has repainted in the original colour themselves and done it neatly, there is no ground for withholding.

How long should I keep evidence after refunding the deposit?

At least two years. A housemate may still challenge a withholding after the tenancy has ended. So keep your check-in report, check-out report, photos, quotes and proof of payment for at least two years in a digital folder. Cloud storage is fine, provided it is secure.

Does the two-month deposit rule also apply to hospita rentals during the nine-month trial period?

Yes. The maximum of two months' deposit applies to every tenancy, including the hospita scheme of article 7:232 paragraph 3 of the Dutch Civil Code. The nine-month period only limits the tenant's protection against termination; it does not change the rules on deposit, rent or service costs. So you may never ask more than two months' base rent as a deposit, not even in a hospita contract.

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