Withholding Security Deposit for Land Lease in Tilburg: What Evidence is Required?
What evidence is needed for withholding the security deposit in land lease cases in Tilburg? Discover local rules, burden of proof, and how to challenge claims when renting plots in the municipality.
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Arslan AdvocatenLegal Editorial
2 min leestijd
When withholding the security deposit for land lease in Tilburg, the lessor must provide concrete evidence that meets the municipality's strict requirements. Possible grounds include damage to the land, such as broken-up paving in the Het Zand neighborhood, overdue rent, or cleaning costs after use as a garden or parking lot. Pursuant to Article 7:241 of the Dutch Civil Code (BW), the lessor must promptly inform the lessee of the withholding, including a specification and supporting documents such as invoices from local Tilburg contractors, photos of the location, or expert reports from the municipality. Normal wear and tear, such as grass growth in the Besterdwaardselanden or light marks due to rain, does not qualify as damage. Lessees in Tilburg can challenge the withholding by providing their own evidence, such as a final inspection by an independent party from the region. The lessor bears the burden of proof; without invoices from Tilburg suppliers, no withholding is permitted. In case of disagreement, the subdistrict court in Den Bosch decides, often awarding half if evidence is lacking, taking into account local leasing practices. Practical examples: for a recreational plot along the Leij in Tilburg, withholding is not permitted for seasonal maintenance such as leaf clearance. Always retain the lease intake report and correspondence with the lessor. Lessors: prepare a detailed damage statement within 14 days after departure, ideally with input from the Tilburg sustainability inspection. This prevents proceedings before the Rent Tribunal or court cases. Lessees: respond in writing to claims and, if necessary, contact the Juridisch Loket Tilburg. This way, you effectively enforce your rights in the Tilburg leasing market. (248 words)