Terug naar Encyclopedie

Withholding Deposit: What Evidence is Required in Westland?

What evidence is needed for withholding a deposit for land lease in Westland? Discover local rules, burden of proof, and how to challenge claims for plots for greenhouses or caravans.

2 min leestijd
For the withholding of the deposit for land lease in Westland, the lessor must provide concrete evidence. In this horticultural municipality, many disputes relate to greenhouse plots, where land for horticulture or temporary caravans is leased. Possible grounds for withholding include damage such as broken-up paving around greenhouses, overdue rent, or cleaning costs after harvest seasons. According to Civil Code (BW) Article 7:241, the lessor must inform the lessee in a timely manner about the withholding, with specification and supporting documents such as invoices from local contractors in Monster or Poeldijk, photos of damaged foil greenhouses, or expert reports from Westland inspection agencies. Normal wear and tear, such as grass growth on plots or light tracks from tractors, does not qualify as damage. Lessees can challenge the withholding by providing their own evidence, such as an end inspection by a recognised Westland appraiser. The lessor bears the burden of proof; without invoices from regional suppliers, no withholding. In case of disagreement, the subdistrict court in The Hague decides, which often awards half if evidence is lacking. Practice examples from Westland: for a temporary caravan site on a horticultural plot, no withholding is permitted for seasonal maintenance such as winterising. Always keep the lease intake at the start and correspondence with the lessor. Lessors: prepare a detailed damage statement within 14 days after departure, taking into account local crop rotations. This prevents proceedings before the subdistrict court. Lessees: respond in writing to claims and consult the Rent Tribunal or a Westland lawyer if necessary. This way, you effectively enforce your rights in the region. (248 words)