Who pays eviction for rent arrears in the Netherlands
As a tenant in the Netherlands, facing eviction due to rent arrears can be confusing and stressful. This article explains step by step who may be financially responsible, what rights tenants and landlords have, and which deadlines matter in an eviction. You will also learn how to collect evidence, which documents you need and when to involve professional help or the Rent Tribunal or court. The text is written practically for people without legal knowledge and contains concrete actions tenants can take to protect their position and limit unwanted consequences. Also read where you can get free advice and which forms are important when filing an objection.
What happens during an eviction?
An eviction is the last resort when a tenant does not pay (in full) and the landlord starts legal proceedings. A subdistrict court can grant the landlord's claim and order eviction; in some cases the bailiff carries out the eviction. The rules on payment arrears and termination of the lease are set out in the Civil Code Book 7.[1]
Who can pay in an eviction?
In practice there are three situations:
- The tenant pays the outstanding rent or a compensation before the eviction and thus prevents execution.
- If the court grants the landlord's claim, the tenant may be ordered to pay arrears and costs.
- In exceptional cases the landlord may bear or forgive costs, for example when the landlord acted unlawfully.
What role does the Rent Tribunal play?
The Rent Tribunal deals with disputes about rent, service charges and in some cases maintenance. It does not decide every eviction, but can assist in disputes that indirectly relate to payments.[2]
Important actions for tenants
If you face a possible eviction, there are concrete steps that can improve your position. Below are practical measures you can take immediately.
- Respond immediately to notices and summonses; track deadlines and request postponement if necessary.
- Pay what you can and keep proof of payments, payment proposals or debt restructuring documents.
- Create a file with all relevant documents: lease, payment proofs, correspondence and photos.
- Seek help from local tenant organizations, legal aid desks or the Rent Tribunal for advice on your options.
Frequently Asked Questions
- Does the landlord pay eviction costs if they terminate the tenant?
- In most cases eviction costs are borne by the tenant if the court grants the landlord's claim; there are exceptions when the landlord acted unlawfully.
- Can I get help to prevent an eviction?
- Yes. You can contact local legal aid, a tenants' association or the Rent Tribunal for advice and mediation, depending on the dispute.
- Do I have to pay all arrears at once?
- Not always; sometimes a payment arrangement can be agreed or the court may allow a repayment plan, but the risk of eviction remains while arrears exist.
How-To
- Read all received documents carefully and note deadlines.
- Collect evidence: lease, payment proofs, correspondence and photos.
- Contact legal help or a tenant organization for advice.
- Negotiate a payment plan or pay what you can now to avoid enforcement.
- If eviction is unavoidable, prepare your move and keep relevant documents for further proceedings.
Help and support / Resources
- Rent Tribunal - Contact and information
- Wetten.overheid.nl - Civil Code Book 7
- Government.nl - Housing and accommodation
