When signing a lease for commercial property, the deposit is one of the first major outlays you face. The amount can vary from a few thousand to tens of thousands of euros — money that you cannot invest in your business as long as it is tied up as security. Yet the deposit is a standard component of virtually every commercial lease. In this article, we explain how it works, how much is customary, and how to ensure you get the full amount back at the end of the lease.
What is a deposit and why does it exist?
A deposit (also known as a security deposit or rental deposit) is a sum of money the tenant pays to the landlord at the start of the tenancy as financial security. The landlord holds this amount in escrow throughout the entire lease period. It serves as security for:
- Rent arrears: If the tenant fails to pay rent at any point, the landlord can draw on the deposit to cover the shortfall.
- Damage to the premises: If on surrender it emerges that the tenant has caused damage beyond normal wear and tear, the landlord can offset repair costs against the deposit.
- Non-compliance with contractual obligations: For example, outstanding service charges, unmaintained items that were contractually the tenant's responsibility, or failure to reverse alterations to the original condition.
The deposit is therefore a risk buffer for the landlord. From the tenant's perspective, it is a substantial investment that earns no return for as long as it is tied up. At current interest rates (2026), on three months' rent you are easily missing out on EUR 500-1,500 per year in potential returns.
How much deposit is customary?
There is no statutory norm for the amount of deposit on commercial property. In practice, the following amounts are customary, depending on the type of premises and the landlord:
- Office space: typically three months' rent (base rent excluding service charges), sometimes including VAT. At a rent of EUR 5,000 per month, this means a deposit of EUR 15,000-18,150 (including 21% VAT).
- Industrial/logistics: three to six months' rent. Landlords of logistics properties more frequently ask for a higher deposit due to the risk of damage from heavy equipment.
- Retail space: three months' rent, sometimes supplemented with an advance payment of the first month's rent.
- ROZ contracts: The standard ROZ model (Council for Real Estate Matters) uses three months' rent including VAT as the starting point.
In the Randstad, amounts are naturally higher due to higher rents. An office of 300 m² in Amsterdam with a rent of EUR 350 per m² per year costs EUR 8,750 per month. The deposit then amounts to EUR 26,250 (three months) to EUR 31,763 (three months including VAT). This is a considerable sum that affects your liquidity position.
A three-month deposit for an office in Amsterdam can amount to over EUR 30,000. This sum remains tied up for the duration of your lease — often five to ten years.
The legal framework in the Netherlands
Unlike residential property, where the deposit is legally limited to two months' rent, there is no statutory maximum for commercial property. The amount is determined by negotiation between the parties. However, there are several legal points to note:
- No statutory interest obligation: The landlord is not legally obliged to pay interest on the deposit unless this has been contractually agreed. In practice, interest is rarely paid.
- No separate account required: Unlike residential property, the landlord is not required to hold the commercial deposit in a separate account. The risk in the event of the landlord's bankruptcy is real — the deposit then falls into the estate.
- Repayment after end of lease: The landlord is obliged to return the deposit after the lease ends, minus any deductions for damage or arrears. There is no statutory deadline, but a reasonable period of one to three months after surrender is customary.
- Deductions must be substantiated: The landlord cannot simply withhold amounts. Every deduction must be supported by a specification and preferably a joint inspection at surrender.
It is advisable to make clear agreements about the deposit in the lease: the exact amount, the conditions for deductions, the deadline for repayment, and any interest.
Bank guarantee as an alternative
A bank guarantee is an alternative to a cash deposit. Instead of depositing the security amount, you ask your bank to issue a guarantee to the landlord. The bank guarantees that it will pay out the amount if the landlord makes a claim.
Advantages of a bank guarantee:
- Your liquid funds remain available for your business
- The deposit amount is not exposed to the landlord's bankruptcy risk
- Most landlords consider a bank guarantee equivalent to a cash deposit in terms of security
Disadvantages:
- The bank charges a commission: typically 1-3 per cent per year on the guarantee amount. On a deposit of EUR 25,000, that is EUR 250-750 per year.
- The bank may require collateral, for example by blocking part of your business account or taking a pledge.
- Not all banks are willing to issue guarantees for start-up entrepreneurs or small businesses.
A third option is a corporate guarantee, where a parent company acts as guarantor. This is mainly relevant for branches of larger companies. The costs are then nil, but the parent company takes on an additional obligation.
Negotiating the deposit
The deposit is negotiable. Although landlords prefer to receive the standard three months' rent, there are various negotiation strategies:
Reducing the amount:
- Offer to pay the first months' rent in advance in exchange for a lower deposit (for example two instead of three months' rent).
- Demonstrate a strong financial track record. A company with stable revenue, a strong balance sheet and good references from previous landlords has a stronger negotiating position.
- Ask for a step-down arrangement: for example, after two years of faultless payment, the deposit is reduced from three to two months' rent.
Alternative security:
- Offer a bank guarantee instead of a cash deposit.
- Offer a corporate guarantee if you are part of a larger group.
- Propose an escrow arrangement, where the deposit is held in a neutral third-party account earning interest.
Timing:
- In a tenant's market (more supply than demand) you have more negotiating room. The Dutch office market in 2026 remains a tenant's market in many regions, except in the prime locations of Amsterdam and Utrecht.
- Combine the deposit negotiation with other elements such as the rent-free period and fit-out contribution.
The deposit is negotiable. Ask for a step-down arrangement: after two years of faultless payment, the deposit is reduced from three to two months' rent.
How to get the deposit back
Getting the full deposit back requires good preparation and a careful surrender process. Follow these steps:
Step 1: Start preparing early (three to six months before lease end)
- Re-read the lease. What are the exact surrender obligations? Must you restore the space to its original condition? Which alterations may remain?
- Make an inventory of all alterations you have made to the space.
- Obtain quotes for any reinstatement work needed.
Step 2: Schedule a pre-inspection (two to three months before lease end)
- Request a joint pre-inspection with the landlord. Record the findings in writing.
- This gives you the chance to remedy any defects before the official surrender takes place.
- Take photographs of the current condition of the space as evidence.
Step 3: Carry out reinstatement works
- Complete the necessary reinstatement works well before the surrender date.
- Keep all invoices and receipts as proof of the work carried out.
Step 4: Official surrender
- Schedule a formal surrender with the landlord and record everything in a surrender report, signed by both parties.
- Take detailed photographs and videos of the space on the day of surrender.
- Hand in all keys, fobs and access cards and have this confirmed in writing.
Step 5: Request repayment
- Immediately after surrender, send a written request for repayment of the deposit, referencing the signed surrender report.
- State a reasonable deadline (typically 30 days).
- If the landlord wishes to make deductions, ask for an itemised justification.
Common mistakes with the deposit
In practice, things regularly go wrong with deposits. The most common mistakes:
- No inspection report at the start: If you did not make a detailed inspection report with photographs at the beginning of the lease, you cannot prove at the end that damage was pre-existing. This is by far the most common mistake.
- Not reading surrender obligations carefully: Many tenants are surprised by the costs of restoring the space to its original condition. Removing partition walls, stripping cables, repairing ceilings — it adds up quickly.
- Starting the surrender too late: If you only begin clearing and repairing on the last day, you risk delay penalties and additional rent days.
- Treating the deposit as last months' rent: It is a common mistake to consider the deposit as payment for the final month(s). This is not permitted contractually and can lead to legal proceedings.
- No written request for repayment: Without a formal request, the landlord can postpone repayment indefinitely.
Deposit checklist for commercial property
Use this checklist to be well prepared:
At the start of the lease:
- Make a detailed inspection report with photographs of the condition of the space at the start.
- Have the inspection report signed by both tenant and landlord.
- Check that the deposit clause in the contract is clear about the amount, deductions and repayment.
- Consider a bank guarantee as an alternative to a cash deposit.
- Keep the proof of payment of the deposit carefully.
During the lease:
- Keep a log of all alterations you make to the space.
- Keep invoices for all maintenance work.
- Always report damage to the landlord in writing immediately.
At the end of the lease:
- Begin preparing for surrender three to six months before the end.
- Request a pre-inspection from the landlord.
- Have a professional surrender report drawn up at the final surrender.
- Send a written request for repayment immediately after surrender.
The deposit need not be a stumbling block if you handle it properly. By making good agreements at the outset and proceeding carefully at surrender, you maximise the chance of full repayment. Want a complete picture of all the costs involved in renting commercial property? Also read our article on buying versus renting and the key points in the lease agreement.
