What does the deposit transfer procedure in Westland entail?
The deposit transfer procedure in Westland concerns the legal transfer of the rental deposit upon the sale of a rental property. This occurs when a landlord in Westland sells their property with an incumbent tenant. The deposit, paid by the tenant to the previous owner, must legally pass to the new landlord in accordance with Dutch tenancy rules.
This regulation is laid down in the Dutch Civil Code and safeguards tenant rights in the event of a change of ownership. The principle "purchase does not break the lease" ensures that the tenancy continues, including deposit obligations. In Westland, under the jurisdiction of the District Court of The Hague, the same national rules apply.
Legal basis for deposit transfer in Westland
The procedure is based on crucial statutory provisions:
Article 7:226 DCC - Purchase does not break the lease
This article confirms that the sale does not terminate the tenancy agreement. The new owner in Westland automatically assumes all rights and obligations, including the deposit.
Article 7:249 DCC - Deposit in tenancy
This provides that a landlord may demand a deposit, which must be refunded upon termination of the tenancy, minus any damage. Upon sale in Westland, this obligation transfers to the buyer.
Article 6:159 DCC - Change of creditor
Through the transfer, the new owner becomes the creditor, with the right to the existing deposit from the tenant.
Step-by-step guide to deposit transfer in Westland
Prior to sale
The selling landlord must specify the tenant and the deposit amount in the sale agreement. This must be explicitly stated in the deed of sale for transactions in Westland.
During transfer of ownership
At the notarial conveyance, the deposit transfers legally. Often via set-off: the deposit amount is deducted from 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
- Updated contact information
Rights and obligations in transfer in Westland
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Retain tenancy agreement; Deposit refund at end of tenancy; Information on transfer | Pay rent to new owner; Keep property in good condition |
| Old landlord | Proceeds minus deposit; Discharge after conveyance | Transfer deposit; Notify tenant; Set off in deed |
| New landlord | Collect rent; Use deposit for default | Refund deposit; Respect tenancy; Inform |
Consequences if deposit is not transferred in Westland
Without transfer, complications arise:
Tenant position
The tenant retains protection via the District Court of The Hague. At the end of the tenancy, the tenant may approach both the old and new landlord, but primarily the new one.
Between owners
The new owner refunds the tenant and claims from the seller. This is a private matter; the tenant stands outside it. Consult Juridisch Loket Westland for advice.
Practical advice for smooth transfer in Westland
For tenants:
- Demand written confirmation - From both parties on deposit transfer
- Archive documents - Keep proof of payment and emails
- Check contract - Verify deposit amount
- Contact new owner - Make arrangements directly
- Consider blocked account - For extra security
For landlords (sellers):
- Include deposit in deed of sale - State clearly
- Involve notary - For correct set-off
- Inform tenant timely - Prevent misunderstandings
- Consult with real estate agent - For Westland-specific tips
- Consult Juridisch Loket - In complex cases
For legal advice in Westland: Juridisch Loket Westland or District Court of The Hague (district).