A lawful eviction does not give everyone involved permission to destroy the tenant’s belongings. Removing a person from the home and disposing of their property are separate questions. Careless disposal can support a separate compensation claim.
Updated 24 October 2026
What happened in the Amsterdam appeal?
In a judgment of 15 September 2026, the Amsterdam Court of Appeal examined an eviction carried out in 2018. The contents were removed and destroyed on the same day. The tenant had made clear that he did not regard his belongings as rubbish. No contact was sought around the eviction although current contact details were available. This is an explanation of a published judgment, not a claim that Arslan represented a party.
Low resale value is not the same as abandoned rubbish
Old furniture, books and personal collections may still matter to their owner. A requirement to vacate does not automatically establish that the owner abandoned everything inside. The court distinguished low financial value from items in which the owner could reasonably be assumed to have no interest. The condition of the belongings, the tenant’s statements and opportunities to arrange collection therefore matter.
Why the landlord was liable
The court considered the landlord’s own lack of care in the instructions and choices surrounding execution. Responsibility was not determined solely by who physically loaded the items onto a truck. The question was whether legitimate interests were taken into account and whether the available information justified destruction. A landlord should not assume that engaging a bailiff transfers every responsibility for disposal.
Why the bailiff’s office was also liable
The office argued that its official role ended when the items were placed outside. In this case it had also participated in arranging removal and in the decision, after consultation with the manager, not to store the property. The court found that it could not reasonably assume everything could be destroyed. The landlord and bailiff’s office were jointly and severally liable for the same loss; that does not permit double recovery.
The eviction date changes the legal analysis
The incident preceded the introduction of Article 556(3) of the Code of Civil Procedure on 1 April 2021. The court therefore assessed the old event under the applicable general rules. The later framework gives the municipality a role in removing and storing belongings from evicted residential premises, at the enforcing party’s expense. The judgment also discusses the disposal exception introduced from 1 July 2025 for items in which the owner can reasonably be assumed to have no interest. Do not apply the 2018 arrangements unchanged to a current eviction.
Preserve evidence before it disappears
Request the eviction judgment, service documents, execution notice and bailiff’s record. Ask for inventories, photographs, video, instructions and removal or storage records to be preserved. Keep messages about collection, storage, consent or abandonment. Prepare an itemised list with the age, condition, purchase date and available receipts or bank records. Identify witnesses and the moving, storage or waste companies involved.
If destruction has not happened yet
Tell the relevant parties promptly and in writing which property is yours, that you want to recover it, how you can be contacted and what collection arrangements you propose. Seek urgent advice if disposal is imminent. Preventing destruction may be more valuable than completing a perfect valuation first. An informal objection does not necessarily suspend enforcement of the eviction itself.
How is the loss valued?
Liability and the amount of compensation are separate issues. Original purchase prices are not automatically the measure of current loss. Age, condition, replacement options and evidence are relevant. Describe personal significance separately from provable financial loss. In the Amsterdam case, the court estimated the financial value at €5,000, taking account of the evidential disadvantage caused by destruction. That was a non-binding provisional determination open to submissions from the parties, not a universal tariff or a final payment already fixed by the judgment.
How to prepare a claim
Create a timeline showing the eviction date, what each participant knew, who made disposal decisions and whether collection was possible. Address the conduct of each proposed defendant instead of assuming every party is liable. State the items and loss as concretely as possible. Arrange assessment of limitation periods and any steps needed to preserve a claim. The legality of the eviction and the handling of possessions may require different arguments.
Frequently asked questions
Does a lawful eviction defeat every property claim?
No. The eviction may be lawful while the handling of belongings is careless. The separate conduct and resulting loss must be established.
Will I receive €5,000 too?
No. That provisional estimate belonged to one case and remained open to submissions. Your own loss and evidence determine the assessment.
Must I claim only against the landlord?
Not necessarily. Investigate each party’s involvement, instructions and knowledge; liability is not automatic for every participant.
Discuss your tenancy issue
Send the agreement, correspondence and any approaching deadline. We assess the appropriate route and agree the scope and costs before further work. Subsidised legal aid may be available; a personal contribution and external costs can remain. Contacting us does not suspend a legal deadline.
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