Who Pays for Eviction Delay for Tenants in Netherlands
What does postponement of eviction mean?
Postponement of eviction means that the enforcement of a judgment or eviction order is temporarily delayed. As a tenant you may sometimes request postponement because you need time to move, arrange assistance or agree a payment plan. The court or subdistrict court can grant postponement under conditions. Legal terms and deadlines matter in such a request; pay attention to decision deadlines and any conditions the judge imposes.
Who pays which costs?
There is no fixed rule that always applies: who pays depends on the reason for postponement, provisions in the judgment and any additional agreements between parties. Possible cost items include court costs, moving or storage costs, and repair costs.
- Court and litigation costs: these can be imposed on the losing party or allocated by the judge.
- Moving or storage costs: if a tenant is given extra time to move, these are often the tenant9s own costs unless decided otherwise.
- Damage to the property: repair costs are usually assigned to whoever is deemed responsible for the damage.
When can the landlord charge costs?
A landlord can charge costs if the judgment or an agreement states that the tenant remains responsible for certain costs. If the judge grants postponement with conditions (for example payment of overdue rent), you must comply with these conditions to avoid additional claims.
Practical steps for tenants
If you want to request postponement of eviction or if there is uncertainty about payments, follow clear steps: check the date and contents of the judgment, collect proof of payments and communication, and seek legal or social assistance if needed. A well-documented file helps with requests for postponement or objections.
- Keep the summons, judgment and all correspondence with the landlord.
- Document payment receipts and attempts at payment arrangements.
- Seek timely advice from legal aid or tenant organizations.
Frequently Asked Questions
- Who pays the court costs for a postponement request?
- The court often decides who pays the court costs; this can be the tenant, the landlord or both parties together, depending on the ruling.
- Can I get help with costs or legal assistance?
- Yes. You may be eligible for free or subsidized legal aid through legal aid services or local support organizations.
- Do I have to pay if the landlord agrees to postponement?
- Not automatically; if the landlord attaches conditions to the postponement, read those conditions carefully—sometimes costs or guarantees are requested.
How-To
- Check the summons and judgment and note all deadlines and obligations.
- Collect evidence of rent payments, communication and personal circumstances that may justify postponement.
- File a postponement request in time with the court or respond according to the procedure in the summons.
- Seek legal assistance or social advice if you are unsure about costs or conditions.
Help and Support / Resources
- Huurcommissie: information on rent disputes
- Wetten.nl: Civil Code Book 7 on tenancy
- Government.nl: official guidance and social support