Requesting Eviction Stay for Tenants in Netherlands

As a tenant in the Netherlands, receiving notice of eviction can be very stressful. Fortunately, there are options to request a stay of eviction, for example in urgent personal circumstances or when proceedings are pending with the Rent Tribunal or subdistrict court. This article explains in clear language when you can request a stay, which documents and evidence you need, what deadlines apply and which steps you should take to protect your rights. We cover practical tips for communicating with the landlord, how to record evidence and where to find official help and forms. This gives you clarity so you can act quickly and effectively to avoid further escalation.

What is a stay of eviction?

A stay of eviction means that the enforcement of a judgment or eviction order is temporarily postponed. This can happen if there is a valid reason, such as pending proceedings or humanitarian circumstances. Your ability to obtain a stay often depends on specific laws and the decision of the judge or executing authority.^[1]

When can you request a stay?

There are several situations where a request for a stay is taken seriously. Examples include:

• Rent arrears (rent) and payment problems that are demonstrably being addressed.
• Ongoing proceedings or appeals in the subdistrict court (court) that prevent immediate enforcement.
• Cases before the Rent Tribunal or requests for rent reduction (form) that are still pending.
• Negotiations with the landlord with an agreed deadline (deadline) for a payment arrangement.
• Temporary medical or personal emergency that requires postponement.

How do you request a stay?

Requesting a stay requires a clear written justification. Follow the steps below and gather evidence that supports your request.

• Collect documents (documents) such as medical statements, payment receipts, correspondence and any court papers.
• Submit a written request to the appropriate authority or the bailiff with reasons and evidence (file/submit).
• Contact legal assistance, your legal expenses insurer or a tenants' organization for advice.
• If there is a hearing, make sure you file documents on time and are prepared for the hearing (court).

Step-by-step plan

1. 1. Gather all relevant evidence such as payment receipts, medical statements and email correspondence.
2. 2. Inform the landlord in writing about your request and ask for written confirmation of receipt.
3. 3. File a formal request for a stay with the bailiff or judicial authority including all attachments.
4. 4. Attend hearings or obtain the decision; present your evidence clearly and concisely.
5. 5. Follow the ruling and seek immediate help if the request is denied or further steps are needed.

Frequently Asked Questions

Can I always request a stay?

No, a stay is only granted if there are convincing reasons and evidence and if the authority or judge deems it reasonable.

How quickly must I respond to a summons?

You must respond within the timeframe stated in the summons; do not wait and seek legal help immediately if you are unsure.^[1]

Where can I find forms and help?

Official information and forms are available from the Rent Tribunal and government websites.^[2]

Key takeaways

• Submit a written request for a stay and include evidence.
• Observe all deadlines and respond promptly to official documents.
• Seek professional or local tenant support early.

Help and support

• Wetten.overheid.nl — legislation and explanations
• Rent Tribunal — information and forms
• Government.nl — general government information

1. [1] Wetten.nl — Civil Code Book 7
2. [2] Rent Tribunal — information and forms