Deposit Clauses in Rental Agreements in Westland and Their Nullity
Too high deposit in Westland rental agreements? Deposit clauses often null and void. Rules, interest and procedures for repayment via Huurcommissie Westland. (22 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
The deposit in rental agreements in Westland, with its many greenhouses and agricultural rental homes, is a frequent stumbling block for horticulture employees and starters. By law, it may amount to a maximum of two months' base rent (Article 7:266 DCC). A clause demanding a higher amount, such as three months or including service charges and energy costs for greenhouse heating, is null and void. Clauses that offset the deposit against outstanding invoices for crop protection without express permission are also invalid.
Landlords in municipalities such as Naaldwijk, Monster and Kwintsheul must repay the deposit within one month after termination of the tenancy, minus justified deductions such as damage to greenhouses. Keep receipts from end-of-tenancy inspections to prevent disputes at the local Huurcommissie Westland. In case of non-repayment, claim via demand letter and the Huurcommissie Regio Westland. Interest on the deposit (6% per year) is mandatory from day one, which is particularly relevant in Westland with seasonal tenants.
Null and void deposit clauses often lead to lawsuits at the District Court of The Hague, with judgments ruling in favour of tenants. Example: a clause that blocks the deposit until all housemates from Polish picking teams leave violates the law. Landlords avoid this by using standard models from the central government or the municipality of Westland. Tenants: check upon signing at the town hall and have excesses struck out. In case of fraud, such as unjustified deductions for 'wear and tear' in temporary worker housing, claim damages via the Woonbond Westland. This way, you protect your finances when renting in this horticulture region. (248 words)