What is a deposit specification request?
A **deposit specification request** is a formal request that a tenant can submit to the landlord to obtain a detailed explanation of the amount and expenditure of the **deposit** (also called **security deposit**) at the end of the tenancy period. This request is intended to create transparency regarding any deductions from the deposit, such as repairs, damage, or unpaid rent. It is an important right of the tenant to know why money is being withheld and how it has been spent.
In the Netherlands, the deposit is legally regulated in the **Housing Tenancies Act (WoH)** and the **Rent Allowance Act (WHT)**. According to the law, the landlord may set the deposit at a maximum equal to one month's rent (excluding service charges). The specification request helps tenants enforce their rights and challenge unjustified deductions.
When is a deposit specification request necessary?
A deposit specification request is particularly relevant in the following situations:
- The landlord withholds money without clear explanation of the reasons. For example: "€500 is withheld for damage, but the landlord provides no specific details."
- There is uncertainty about the amount of the deposit or the deductions. For example: "The landlord mentions 'minor damages,' but provides no concrete amounts."
- The tenant doubts the correctness of the deductions. For example: "The landlord withholds money for 'unpaid service charges,' but the tenant has never paid service charges."
- The landlord refuses to return the deposit without plausible reasons, such as an incorrect damage claim.
Legal basis: What does the law say?
The deposit is regulated in the **Housing Tenancies Act (WoH)**, particularly in:
- Article 7:220 WoH: The landlord may request a deposit, but it may not exceed one month's rent (excluding service charges).
- Article 7:221 WoH: The deposit must be refunded within a reasonable period after the end of the tenancy period, unless the landlord has a valid reason to withhold money.
- Article 7:222 WoH: The landlord must provide a **written specification** if money is withheld. This forms the basis for the specification request.
In addition, it is important to know that the **Consumers' Association** and other organizations recommend always requesting a specification if money is withheld. This prevents misunderstandings and unfair deductions.
How do you submit a deposit specification request?
A deposit specification request can be submitted in various ways, but it is important that it is formal and clear. Here is a step-by-step plan:
- Submit a written request: Ensure that your request is sent by registered mail, e-mail, or via an official form (if available). An oral agreement is not sufficient proof.
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Ask clear questions: Pose concrete questions, such as:
- "Can you provide a detailed specification of the deductions from the deposit?"
- "Which specific damages or costs are being deducted and why?"
- "On the basis of which documents or agreements are these deductions made?"
- Set a deadline: Request a reasonable period (for example, 14 days) to receive a response. This helps to handle the matter efficiently.
- Keep proof: Keep a copy of your request and any responses. This may be useful if the matter escalates to the Rent Tribunal or the court.
Example of a deposit specification request
Here is an example of a formal request by e-mail:
Subject: Deposit specification request – Tenancy address [Address]
Dear [Landlord's name],
Upon termination of the tenancy period on [date], the deposit of €[amount] was not fully refunded. According to Article 7:222 of the Housing Tenancies Act, you are obliged to provide a detailed specification of any deductions.
I kindly request that within 14 days of receipt of this e-mail, you provide a written explanation regarding:
- The exact amount of the withheld deposit and the reasons therefor;
- Which specific damages or costs are being deducted and why;
- Whether there is agreement between the withheld amounts and the tenancy agreement or other relevant documents.
If you fail to respond or provide insufficient information, I will be forced to take further steps, such as involving the Rent Tribunal.
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