Deposit for Retention Grounds in Westland: Rules and Procedures
In Westland, a deposit for retention grounds is a commonly used financial guarantee that landlords require for grounds such as parking spaces, garden plots, caravan sites or fields. This deposit serves as coverage for damage, outstanding bills or restoration costs at the end of the lease. This article, relevant for the District Court of The Hague (district Westland), discusses the rules, your rights and how to recover the deposit.
What does a deposit entail for grounds in Westland?
A deposit is an advance payment made by the tenant before taking possession of the ground. Unlike residential tenancy (governed by the Housing Rental Act 2015), this applies to non-residential properties such as Westland horticultural grounds or recreational plots. It protects landlords against risks such as environmental pollution, excavation damage or unpaid ground rent.
In Westland, with its agricultural focus, deposits are often linked to specific risks such as soil contamination or installations. There are fewer strict statutory limits than for houses, but general Civil Code rules still apply.
Legal Frameworks for Westland
Without a specific lease law for grounds, one falls back on the Civil Code. Relevant provisions:
- Article 7:912 CC: Deposit must be proportional and justified by risks; landlord must prove this.
- Article 7:913 CC: Landlord must manage the deposit separately and use it exclusively for lease-related claims.
- Article 7:914 CC: Repayment is mandatory after termination of the lease, minus proven deductions.
Local Westland contracts supplement this, but must remain reasonable. In case of disputes, you can go to the District Court of The Hague or Juridisch Loket Westland for free advice.
Differences with Residential Tenancy in Westland
Residential tenancy has rigid requirements (max. 2 months' rent, 6-month repayment period, separate account per art. 7:100-101 HRA2015). For retention grounds in Westland, this is more flexible: higher amounts are possible for greater risks, without fixed deadlines.
Reasonable Amount of the Deposit in Westland
Depending on the context:
- Type of plot: Parking space €150-€400; garden or caravan ground €600-€2500, especially with greenhouses or fences.
- Risk factors: High amount for vulnerable Westland polders (water management, crop protection).
- Proportion to rent: 1-3 months' ground rent as a guideline for reasonableness.
Record everything in the contract. For unreasonable demands: consult Juridisch Loket Westland.
Recovery or Invocation of Deposit
As tenant: Request repayment in writing within 1 month after termination. In case of refusal: notice of default and possibly summons via District Court of The Hague.
As landlord: Prove damage with photos, invoices. Unfounded retention leads to liability for interest (art. 6:119 CC).
Practical Examples from Westland
Recent cases at the District Court of The Hague show that unmotivated deductions are often rejected, with repayment plus interest.
Problems? Contact Juridisch Loket Westland for personal assistance.