Assistance with reclaiming a deposit | Legal Aid Centre

Questioner

In 1998 we rented a commercial property from party X and paid a deposit of 6,000 guilders. However, in 2002 the company building was taken over by party Y. Since 2002, a new lease agreement has been entered into with party Y, with reference to the old lease agreement from 1998. We have now written to party X twice to request that the deposit be refunded, but he refuses to pay because the deposit was not transferred by party X in 2002. We would like your advice on how to deal with this and what legal steps are possible, as the claim amount is limited.

Lawyer

Party x must deposit the surety in the hands of party y, do you now have double surety outstanding? Intervention by a lawyer seems to me a good solution here, then they will back down.

Lawyer

After a futile notice of default and a demand for payment within a reasonable period, I advise you to proceed to a summons. Your case is simple and therefore does not have to cost much in terms of legal assistance. If desired, I can assist you.