Eviction Stay Deadlines for Tenants in Netherlands
As a tenant in the Netherlands, you can in exceptional cases request a stay of eviction if you cannot leave on short notice due to circumstances. This article clearly explains which deadlines apply, who can file a request, which documents you need, and what steps to expect with the Rent Tribunal or court. The explanation uses plain language so tenants without legal training understand their rights and obligations and how to respond in time to a summons or eviction order. Always keep copies of letters, payment receipts and correspondence to increase your chance of approval.[1]
What are the deadlines for requesting a stay of eviction?
Deadlines can vary per case: usually a request for a stay must be filed before the scheduled eviction date or within the period set by the subdistrict court. In some emergency situations the judge may grant a short reprieve, but it is crucial to act quickly and check the exact date in official documents.[1]
Who can request a stay?
Usually the tenant is the person who files the request, but representatives may also act. It is important that the person filing can demonstrate why relocation on short notice is not possible.
- Tenants who cannot move due to payment arrears or loss of income.
- Co-tenants or family members who leave the property together.
- Legal representatives: contact on behalf of the tenant.
Which documents do you need?
Good documentation increases the chance of a stay. Collect medical statements, proof of income loss, payment receipts and correspondence with the landlord or municipality. Note dates and keep photos or other relevant documents as evidence.
- Proof of income loss or unemployment, such as pay slips or UWV letters.
- Medical statements or proof of vulnerable housing conditions.
- Payment receipts, correspondence with the landlord and prior agreements.
How do you request a stay?
Submitting a request for a stay can be done via an objection letter, a written request to the subdistrict court, or through a procedure at the Rent Tribunal if the dispute concerns rent and service charges. Always follow the instructions in the summons or eviction order and attach all relevant evidence. Clearly state why moving within the set period is not possible and what alternatives you seek.
- Submit a written request or statement to the court or Rent Tribunal as indicated in the documents.
- Ensure your request is received before the date stated in the documents or within the period set by the judge.
- If uncertain, contact a legal clinic or the legal aid desk for help preparing the request.
Frequently Asked Questions
- Can I always get a stay if I cannot find another home?
- Not automatically; the judge weighs your situation and asks for evidence why moving is not possible within the set period.
- Does the Rent Tribunal help with stays of eviction?
- The Rent Tribunal mainly handles disputes about rents and service charges; in eviction cases it can provide relevant evidence, but the judge ultimately decides on a stay.[2]
- What does it cost to file a request for a stay?
- Costs may vary; there are sometimes court fees and costs for legal assistance. Ask about possible legal aid or cost protection.
How-To
- Check the eviction date and record all deadlines in your calendar.
- Collect evidence: pay slips, medical statements and correspondence.
- Submit the written request to the court or consult a legal clinic.
- Prepare for any hearing and ensure you have copies of all documents at hand.
