A bailiff at the door because of rent arrears does not automatically mean that you have to leave your home. First, it must be clear which document you are receiving. A payment request, a writ of summons and a notice of eviction belong to different stages. As a result, the options for responding and the consequences of doing nothing differ considerably. A collection letter does not in itself confer any power to evict you from your home by force.
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Written by Ömür Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of practice areas for tenancy law and social security law. Last updated: 17 September 2026.
So check the sender, the title of the document and every date mentioned today. Keep all pages and the envelope. If an eviction date has been announced, seek legal help the same day and contact the municipal debt assistance service. Arslan Advocaten can assess your documents and discuss with you which action is still possible. This article concerns the rental of residential property in the Netherlands.
Identify the stage your case is at
With rent arrears, several letters may arrive in quick succession. The name of the bailiff’s firm does not tell you which power is being exercised at that moment. A court bailiff can also try to collect a debt out of court. So read the content of the document and check whether it mentions a court, case number, judgment or hearing date.
| Document | What it usually means | First action |
|---|---|---|
| Reminder or formal demand | The landlord demands payment | Check the calculation and respond in writing |
| Fourteen-day letter | Warning of collection costs to a consumer | Check receipt, payment period and the costs announced |
| Writ of summons | Proceedings are being started | Note the response date and arrange a defence |
| Served judgment with an order to comply | A court decision is being formally delivered | Have the judgment and the available legal remedies assessed |
| Notice of eviction | There is a specific enforcement date | Act immediately and ask which conditions apply for a postponement |
These documents must not be lumped together. If you only e-mail the landlord after receiving a writ of summons, you have usually not yet filed a defence with the court. Likewise, paying after a judgment does not in itself give you an agreement that the eviction will not go ahead. Always ask for written confirmation of the outcome you want to achieve with your response.
Check whether the rent arrears are correct
Ask for a month-by-month overview, showing the rent due, all payments received and how they were processed. Compare it with your bank statements. Disputes regularly also concern an incorrect payment reference, a reversed direct debit, a disputed increase or payments not yet shown in the overview. A total balance does not reveal such discrepancies well.
Draw up your own table. State the due date, the amount due, your payment date and the amount you believe remains outstanding. Attach the relevant proof of payment and identify specific errors. For example, write that the payment of € 850 on 4 September is missing, rather than simply saying that the balance is wrong. Also check whether service charges and rent are clearly distinguished from each other.
The description you give with a payment matters. Article 6:43 of the Dutch Civil Code (BW) concerns the allocation of payments to different obligations; Article 6:44 BW contains rules on costs, interest and principal. Stating that an amount is intended for the current month helps to make things clear, but does not resolve every legal allocation question. If there is a disagreement, ask how the recipient actually processed your payment.
Keep taking the current rent seriously
An arrangement for an old debt only works if the new monthly instalments also remain affordable. So first work out what you can genuinely spare each month after paying the current rent and essential expenses. A high offer that fails after two months is not a lasting solution. Inform your support worker in good time of changes in your income, benefits or allowances.
Hypothetical example: you are € 1,700 in arrears and pay € 850 rent per month. On top of the current rent, you can repay € 100 per month. An offer of € 400 seems quicker, but if it means the next rent instalment goes unpaid, the debt grows again. It is better to substantiate a realistic offer with payment dates and a point at which the arrangement will be reviewed.
If there is also a dispute about serious defects, do not stop paying without having your position assessed. Suspension of payment, rent reduction and set-off each have different conditions. A deduction you make yourself may become the subject of the same rent arrears proceedings. See also our explanation of rent arrears and threatened eviction and overdue maintenance of a rented home.
A missed letter and a wrong address
If you only find out late that documents have been delivered, request copies immediately and record when you actually became aware of the case. Moving house, a holiday or an unopened envelope do not all have the same legal consequence. A document may have been validly served under the rules on service without you personally receiving it.
So check the address, the method of delivery and the bailiff’s statement on the writ. In the case of a judgment, have the relevant time limits assessed on the basis of those documents. Do not try to work out a safe deadline yourself based solely on your memory. Especially when eviction is threatened, every lost day can shorten the time available to prepare.
Also make practical arrangements about post. If you are assisted by a financial administrator, debt counsellor or lawyer, forward the documents you receive and ask who will prepare the response. Do not assume that every party automatically receives a copy. Keep confirmation that you passed the documents on and note which date is being monitored. That way you keep track of how the matter is being handled without needing to know every legal step yourself.
A language barrier also deserves prompt attention. Ask for an explanation of the document or have the relevant passages translated, but do not wait until after a response date to do so. Note down the amounts, the court named and the dates in advance and send the complete original as well. A one-page summary may miss important claims or instructions from the other pages.
A payment arrangement must be clearly recorded
You can propose a payment arrangement to the landlord or the landlord’s representative. They do not have to accept every arrangement proposed. Ask who is authorised to agree on the landlord’s behalf and have the arrangements confirmed. Simply making a payment in line with your own proposal does not mean that the other party has accepted that proposal.
Record the opening balance, the amount of the instalments, the payment dates and the bank account. Also discuss the current rent, interest, costs and the consequences of a missed instalment. Above all, ask what will happen to any announced proceedings or eviction as long as you pay correctly. An agreement on repayment without an agreement on enforcement of the judgment may offer insufficient protection.
Where a writ of summons has already been issued, it must also be clear whether the case will be withdrawn, adjourned or continued. If necessary, check this with the court using its official contact details. Continue to treat a hearing date as applicable until you have reliable confirmation that your attendance or response is no longer required. More detail can be found under payment arrangement for rent arrears.
What a bailiff may do without an eviction judgment
A bailiff can send a reminder and serve a writ of summons before the court has decided. Service makes the document official, but does not mean that the claim described in it has already been granted. You are entitled to dispute the alleged debt and the consequences claimed on their merits. An eviction that has been claimed is not the same as an eviction that has been granted.
Forced eviction requires a suitable enforceable title. In the case of rent arrears, this is usually a court decision. The forced eviction is carried out by a court bailiff; the landlord cannot use a collection letter as permission to change your locks himself. See also landlord changes the locks.
Attachment is subject to its own rules. For example, there is also prejudgment attachment, which requires leave from the court and may precede a final decision. The general statement that a bailiff may do nothing at all before a judgment is therefore too broad. Whenever action is announced, ask which measure is meant and on which title or permission it is based.
Responding to a writ of summons for rent arrears
A writ of summons sets out what the landlord is claiming and the facts on which, in his view, the claim is based. Payment, termination and eviction are often claimed together. Also read the exhibits and check whether your payments, responses and any support you receive are reflected in them. You must bring missing information to the court’s attention yourself.
The date stated may be a cause-list date on which you must appear or respond in writing. That is not always a full oral hearing. Follow the court’s instructions. Before the subdistrict court judge (kantonrechter) you are not required to have a lawyer, but when you risk losing your home, timely legal assistance can help to substantiate both your financial defence and your interest in keeping your home.
The court assesses the breach and the circumstances. Three months of arrears do not automatically authorise eviction. Previous payment problems, the current debt, the solution offered and personal circumstances may also play a role. A mere promise carries less weight than an arrangement that is already demonstrably being complied with. Read our step-by-step guide to a writ of summons for rent arrears.
Municipal debt assistance and early warning
Contact the municipality as soon as it becomes clear that you cannot resolve the arrears on your own. Early warning (vroegsignalering) is intended to identify problem debts at an earlier stage. The reporting of rent arrears by landlords is subject to conditions set out in the Municipal Debt Assistance Decree (Besluit gemeentelijke schuldhulpverlening). In proceedings, examine which steps were taken and what help was offered.
The absence of a report does not mean that the rent debt disappears or that eviction will always be refused. The circumstances and the court’s assessment remain important. Keep invitations, notes of meetings, applications and responses. This allows you to show that you are seeking help and which concrete measures are being taken to prevent further arrears.
In a threatening situation, including forced eviction from your home, a shorter statutory time limit applies for the first meeting under municipal debt assistance. So state the announced eviction date explicitly. Send the notice of eviction through the channel the municipality designates for that purpose. An application for help does not automatically suspend the eviction; legal action and debt assistance sometimes have to run in parallel.
A judgment or eviction date calls for different action
After a decision, it must first be established exactly what has been granted. Has the tenancy agreement been terminated? Within what period must you leave? Is the judgment provisionally enforceable? Did you appear, or was judgment given in default? The answers determine which further steps need to be explored. So keep the full judgment and the writ of service.
The time limits and starting points for an objection to a default judgment or an appeal are not interchangeable. Do not rely solely on the day you opened the envelope yourself. Moreover, a legal remedy does not always stop enforcement. Where a judgment has been declared provisionally enforceable, a separate assessment of suspension or an enforcement dispute may be necessary.
In some debt situations, a moratorium can be explored. This is a temporary measure subject to conditions, not a write-off of the arrears. Have it assessed whether your situation qualifies and what is needed to keep paying the current rent. Read eviction judgment received and moratorium on eviction.
Paying after the bailiff has been instructed
Payment can improve your position, but the effect depends on the stage. Before the court decides, payments may form part of the assessment. After termination, the tenancy agreement does not automatically revive because you pay the arrears after all. Costs already incurred may also remain payable. So ask what total amount is outstanding and what payment specifically means for your home.
Hypothetical example: the notice of eviction gives Friday as the eviction date. You pay the rent arrears on Wednesday. That alone does not establish that the landlord is abandoning the termination or withdrawing the instruction to the bailiff. Immediately ask for written confirmation from the landlord or an authorised representative, and for coordination with the bailiff. Without clarity, urgent assistance remains necessary.
Keep proof of payment and forward it quoting the file number. Check whether the payment has been received and processed. Do not make any new termination agreement without understanding which rights you are giving up. More on the considerations before the decision can be found under paying rent arrears before the hearing.
Sample message to the bailiff
Use the text below in response to a payment request if you want to check the statement of account. In the case of a writ of summons, this message does not replace a defence filed with the court. If an eviction has been announced, you must also seek legal advice immediately.
Subject: request for a breakdown and discussion regarding file [number]
Dear Sir or Madam,
I received your letter of [date] regarding the rent for [address]. I request a month-by-month overview of the rent, payments received, interest and separate costs. According to my records, the following is missing or differs: [specific discrepancy]. I enclose the relevant proof of payment.
To the extent that arrears remain, I would like to discuss what realistic solution is possible. My proposal is [amount and payment dates], in addition to the current rent. Could you let me know whether your client agrees to this and what it means for any procedural steps or enforcement?
I would appreciate written confirmation of any arrangements made. By sending this message I do not acknowledge any items that I have disputed with reasons above.
Yours faithfully,
[Name and contact details]
Which documents help with a legal assessment
Send your tenancy agreement with its terms and conditions, the complete correspondence, the monthly breakdown and the relevant bank statements. In proceedings, add the writ of summons, exhibits, previous judgments and writs of service. Draw up a short timeline of payments, arrangements and the date on which you asked for help. Mention any eviction date straight away in your message.
Arslan Advocaten can assess which amounts are disputed, which defence is available and which steps are urgent. Discuss the costs in advance and whether subsidised legal aid is possible. This depends on factors such as income, assets and the case itself. Contact us through our tenancy law practice or the contact page.
Frequently asked questions
Can a bailiff evict me straight away?
A payment letter alone is not enough for that. Forced eviction requires a suitable enforceable title and compliance with the enforcement rules. Check whether you are receiving a reminder, writ of summons, judgment or an actual notice of eviction. If there is a specific eviction date, an immediate assessment is needed.
Do I have to pay a bailiff’s letter if the amount is wrong?
Check the individual items and dispute errors with evidence. An incorrect cost item does not mean that the rent is no longer owed. Have it established which amount is undisputed and how a payment should be allocated. Always ask for an updated breakdown.
Do three months of rent arrears automatically lead to eviction?
No. The court assesses the breach and the circumstances of the case. Substantial or repeated arrears may, however, weigh heavily. Substantiate your payments, the support you are receiving and a realistic solution; merely referring to your interest in keeping your home is often not enough.
Does a complaint against the bailiff stop the proceedings?
Not automatically. A complaint about conduct or communication does not replace a defence, legal remedy or request for suspension. Keep track of the procedural dates while the complaint is being dealt with. If the matter is urgent, discuss which separate legal action is needed.
Can I use my deposit to cover the arrears?
Do not unilaterally assume so. A deposit is security and not automatically rent paid in advance. Whether it can be set off depends on the claims, whether they are due and payable, and what has been agreed. Record any arrangement in writing and make sure that the current rent does not go unpaid again as a result.
Is a payment arrangement still worthwhile after a judgment?
It can be, but have it expressly recorded what the arrangement means for the eviction and for the continuation of the tenancy. A repayment schedule alone does not necessarily protect you against enforcement of the judgment. Have the authority of the person agreeing to it checked.
Sources and legal basis
- The Dutch judiciary on tenancy disputes and proceedings.
- Dutch Civil Code, Book 6: Articles 43, 44, 96 and 265.
- Dutch Civil Code, Book 7: Article 231.
- Dutch Code of Civil Procedure: including Articles 143, 145, 430, 438 and 556.
- Municipal Debt Assistance Decree: early warning.
- Municipal Debt Assistance Act: Article 4.
