The guarantee (deposit) in rental agreements in Tilburg is a common stumbling block, particularly in the vibrant student districts around Tilburg University and the city centre. Legally, this may amount to a maximum of two months' basic rent (Article 7:266 of the Dutch Civil Code). A clause requiring a higher amount, such as three months or including service charges and energy costs, is null and void. In Tilburg, this is frequently observed among private landlords in neighbourhoods such as Westermarkt or Het Zand. Clauses that allow the guarantee to be offset against other debts, such as outstanding parking fines or municipal taxes, without explicit consent are also invalid.
Landlords in Tilburg must refund the guarantee within one month after the termination of the lease, minus justified deductions such as damage to the typical Tilburg terraced houses. Keep receipts of final inspections and photographs to avoid disputes with the local Rent Commission (Huurcommissie) in Tilburg. In case of non-refund: start with a letter of demand and engage the Rent Commission for Central and West Brabant, based in Tilburg. Interest on the guarantee (6% per annum) is mandatory from day one, which can accumulate over long rental periods in the city.
Null and void guarantee clauses often lead to legal proceedings at the Zeeland-West Brabant District Court in Tilburg, with rulings frequently favouring tenants. For example, a clause that blocks the guarantee until all housemates in a student house have vacated violates the law and has been declared invalid in local cases. Landlords can avoid issues by using standard models from the national government or the Municipality of Tilburg. Tenants: verify the agreement at the municipal office or with the student union before signing, and have excessive terms removed. In cases of fraud, such as unjustified deductions for 'wear and tear' in old Tilburg properties, claim compensation via the subdistrict court. This way, you protect your finances in Tilburg's rental market.