What does the deposit transfer procedure in Zoetermeer entail?
The deposit transfer procedure in Zoetermeer describes the process of transferring the rental deposit upon the sale of a rental property. This occurs when a landlord in Zoetermeer sells their property with an incumbent tenant. The deposit, paid by the tenant to the previous owner, must legally pass to the new landlord.
This provision from the Civil Code safeguards tenant rights in the event of a change of ownership. The principle 'purchase does not break the lease' ensures the continuation of the tenancy agreement, including deposit obligations, specifically relevant for tenants and owners in Zoetermeer.
Legal basis for deposit transfer in Zoetermeer
The procedure is based on key articles from the Civil Code:
Article 7:226 CC - Purchase does not break the lease
This article states that a sale does not terminate the tenancy agreement. The new owner in Zoetermeer succeeds the old landlord in rights and obligations, including for the deposit.
Article 7:249 CC - Deposit in tenancy
This provides that a landlord may demand a deposit, which is refunded upon termination of the tenancy minus any outstanding claims. Upon sale in Zoetermeer, this obligation passes to the buyer.
Article 6:159 CC - Change of creditor
The transfer results in a change of creditor: the new owner in Zoetermeer becomes the creditor, with the right to the deposit.
Step-by-step plan for deposit transfer in Zoetermeer
Preparation for sale
The selling landlord specifies the tenant and deposit in the sales agreement. The exact amount is included in the deed of sale, crucial for transactions with notaries in Zoetermeer.
During transfer of ownership
At the notarial conveyance, the deposit is legally transferred. Often via set-off: the deposit reduces the purchase price paid by the buyer.
After transfer
The new landlord informs the tenant in writing about:
- Change of ownership
- Deposit transfer
- New IBAN for rent
- Current contact information
Rights and obligations in deposit transfer Zoetermeer
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Retain tenancy agreement; Deposit refund upon tenancy end; Information on transfer | Pay rent to new owner; Keep property tidy |
| Old landlord | Proceeds minus deposit; Indemnity after conveyance | Transfer deposit; Notify tenant; Set off in purchase price |
| New landlord | Rent income; Deposit for tenant damage | Refund deposit; Comply with contract; Inform tenant |
Consequences if deposit is not transferred in Zoetermeer
If neglected, complications arise:
Tenant position
Tenants remain protected. Upon tenancy end, the tenant may approach both the old and new landlord. Practice: first approach the new owner, via District Court of The Hague (district Zoetermeer) if necessary.
Between owners
New owner refunds tenant and claims from seller. This is a private matter; tenant stands outside it.
Tips for smooth deposit transfer Zoetermeer
For tenants:
- Demand written confirmation from both parties
- Archive documents: proof of payment and emails
- Check contract for deposit amount
- Establish contact with new owner
- Prefer blocked account for new tenancy
- Consult Legal Aid Office Zoetermeer if uncertain
For landlords (sellers):
- Explicitly mention deposit in deed of sale
- Engage notary in Zoetermeer for proper handling
- Inform tenant in timely manner
- Document set-off
For legal advice: District Court of The Hague or Legal Aid Office Zoetermeer.