What does the deposit transfer procedure in Tilburg entail?
The deposit transfer procedure in Tilburg describes the process of transferring the rental deposit upon the sale of a rental property. This occurs when a landlord in Tilburg 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 Tilburg, this falls under the Dutch Civil Code and safeguards tenant rights during a change of ownership. The principle 'purchase does not break the lease' preserves the tenancy agreement, including deposit obligations.
Legal basis for deposit transfer in Tilburg
The procedure is based on these statutory provisions:
Article 7:226 DCC - Purchase does not break the lease
The sale does not terminate the lease. The new owner in Tilburg assumes rights and obligations, including the deposit.
Article 7:249 DCC - Deposit in rental agreements
Regulates the deposit: landlords may require it but must refund it upon termination of the tenancy, minus any claims. Upon sale, it transfers to the buyer in Tilburg.
Article 6:159 DCC - Change of creditor
The new owner becomes the creditor, with the right to the deposit.
Step-by-step guide to the deposit transfer procedure in Tilburg
Prior to sale
The selling landlord specifies the tenant and deposit in the purchase agreement. The exact amount is included in the deed at the Tilburg notary.
At notarial conveyance
During the transfer of ownership, the deposit is transferred, often by set-off against the purchase price.
After transfer
The new landlord informs the tenant in writing about:
- Transfer of ownership
- Assumption of deposit
- New bank account number for payment
- Updated contacts
Rights and obligations in deposit transfer in Tilburg
| Party | Rights | Obligations |
|---|---|---|
| Tenant | Preserve tenancy agreement; Deposit refund at end of tenancy; Information on transfer | Pay rent to new owner; Maintain property |
| Old landlord | Proceeds minus deposit; Discharge after transfer | Transfer deposit; Notify tenant; Set-off in purchase price |
| New landlord | Rent income; Deposit for tenant default | Refund deposit; Respect tenancy; Inform |
What happens if the deposit is not transferred in Tilburg?
In case of non-transfer:
Tenant position
The tenant may hold both owners liable at the end of the tenancy. Usually first the new owner, via the District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
Between owners
The new owner may sue the seller; the tenant stands outside this.
Practical advice for smooth deposit transfer in Tilburg
For tenants in Tilburg:
- Demand written confirmation from both parties
- Archive documents: proof of payment and emails
- Check tenancy agreement for deposit amount
- Contact new owner
- Prefer blocked account (via Legal Counter Tilburg, Spoorlaan 364)
For landlords (sellers) in Tilburg:
- Explicitly mention deposit in purchase deed
- Inform notary about tenancy and deposit
- Notify tenant in timely manner
- Document set-off
- Seek legal advice if in doubt
For legal assistance: District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg or Legal Counter Tilburg, Spoorlaan 364.