Article 7:261b Dutch Civil Code, Book 7

Artikel 261b Burgerlijk Wetboek Boek 7 (BW) – unofficial English translation

Boek 7 · Division 5. Lease of residential accommodation

Paragraph 1

The lease agreement may provide that the tenant owes a security deposit serving as security for what has been agreed in the lease agreement.

Paragraph 2

The security deposit amounts to no more than twice the rent referred to in Article 237(2).

Paragraph 3

The landlord refunds the security deposit within fourteen days after the termination of the lease agreement, unless:

  1. there is damage as referred to in Article 218, in which case the landlord refunds the remainder of the security deposit within thirty days after the termination of the lease agreement, after set-off of demonstrably incurred costs for repairing the damage;

  2. the tenant has not yet paid the rent owed referred to in Article 237(2), service charges referred to in Article 237(3) or energy performance fee referred to in Article 237(4), in which case the landlord refunds the remainder of the security deposit within thirty days after the termination of the lease agreement, after set-off against these costs still owed by the tenant.

Paragraph 4

The landlord notifies the tenant in writing of a set-off as referred to in paragraph 3, providing the tenant with a full specification of the costs.

Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 261b Burgerlijk Wetboek Boek 7. Checked against the Dutch text in force on 12 October 2026.

Dutch case law

61 Dutch court rulings cite this article. View the rulings (in Dutch)