Many entrepreneurs rent a business premises for their shop, restaurant or office. But what happens if you temporarily cannot pay the rent and have a rent arrears? The consequences can be significant: the landlord can demand the dissolution of the lease and eviction of the premises.

The rental law lawyers at Arslan Advocaten explain what the rules are, when a landlord can dissolve the contract and how you, as an entrepreneur, can defend yourself.

What is rent arrears?

There is a rent arrears as soon as you do not pay the rent on time. This can start from one month’s arrears, but landlords often only take action in case of a longer backlog.

When can the landlord claim dissolution?

1. With a significant rent arrears

   • Judges decide differently, but usually a backlog of 3 months or more is enough reason for dissolution.

   • With shorter arrears, the judge also considers whether you systematically pay late.

2. With persistent payment problems

   • If it is clear that you can no longer structurally pay the rent, the judge can dissolve the contract faster.

3. With a failure to meet the contract in addition to the rent arrears

   • For example, if you also violate other obligations under the contract, such as illegal subletting or nuisance.

Procedure for dissolution and eviction

• Default notice: the landlord usually first sends a reminder or order.

• Summons: if payment is not forthcoming, the landlord initiates a procedure at the district court.

• Judicial review: the judge determines whether the arrears are severe enough.

• Dissolution & eviction: if the claim is granted, you must leave the premises.

Defences of the tenant

Entrepreneurs have various options to defend against dissolution:

• Make payment anyway (often this can still make a difference up to the session).

• Demonstrate that the arrears are temporary (for example due to corona or a seasonal dip).

• Defend against too high service charges or unjustified claims.

• Submit a payment arrangement.

Examples from practice

• Caterer in Rotterdam: had 4 months of rent arrears. The judge dissolved the lease, but gave another 1 month’s delay to pay the arrears.

• Retailer in Utrecht: had 2 months’ backlog due to seasonal problems. The judge rejected dissolution because the payment problems were temporary.

• Office in Amsterdam: was structurally behind with rent. The judge dissolved immediately and the landlord was allowed to evict.

Checklist for entrepreneurs with rent arrears

• 📑 Respond immediately to the landlord’s reminders.

• 💶 Pay as much as possible to reduce the arrears.

• 🧾 Check if the claim is correct (rent, service costs, interest).

• ⚖️ Engage a lawyer in time for defense.

• 🤝 Negotiate a payment arrangement.

Frequently Asked Questions (FAQ)

1. Can my landlord terminate my lease immediately in case of arrears?
No, only the judge can dissolve the lease agreement.

2. How many months of arrears usually lead to dissolution?
Often 3 months or more, but it depends on the circumstances.

3. Can I stay if I pay the arrears?
Yes, often payment before the session can prevent dissolution.

4. Can the landlord evict me without a court order?
No, eviction is only allowed with a court order.

Conclusion

Rent arrears can have major consequences for entrepreneurs. In the case of structural arrears, the judge can dissolve the lease and allow eviction. However, there are often opportunities to defend yourself, for example by catching up with arrears or agreeing to a payment arrangement.

The rental law lawyers at Arslan Advocaten assist entrepreneurs in proceedings regarding rent arrears, negotiate with landlords and defend in the event of imminent dissolution.