An eviction judgment is not yet an eviction. Before the bailiff can take any action, the judgment must have been served on you (Article 430(3) of the Dutch Code of Civil Procedure, Rv), and only after that can he give notice of a date. The forced eviction itself is carried out by a bailiff (Article 556(1) Rv). Which route is still open to you depends on one question: was the judgment given by default or after defended proceedings?
Nederlands: Lees dit artikel in het Nederlands: Ontruimingsvonnis ontvangen: verzet, hoger beroep of executiegeschil
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What you should do now
- Check in the judgment whether it was given by default or whether the case was decided after defended proceedings. This is stated on the first pages.
- Find the date of service on the bailiff’s writ. That is when time limits start to run.
- Check whether the judgment has been declared provisionally enforceable. That determines whether a legal remedy stops enforcement.
- Keep paying the current rent for as long as you live in the property.
- Call us this same week: 070 450 0300. The time limits below are short and strict.
Default or defended: why that decides everything
After a default judgment, the route is setting aside proceedings (verzet); after defended proceedings, it is an appeal. If a default judgment was given because you did not appear, you can apply to the same court to have it set aside. This must be done within four weeks of service of the judgment on you in person, or of an act from which it necessarily follows that you are aware of the judgment or of the enforcement that has begun (Article 143(2) Rv). If you live outside the Netherlands and your place of residence there is known, the time limit is eight weeks. In all other cases, the time limit starts to run on the day the judgment is enforced (Article 143(3) Rv).
That third variant is more important in eviction cases than it seems. Article 144(d) Rv provides that, in the case of a forced eviction from immovable property, a judgment is deemed to have been enforced once the eviction has taken place. If the judgment was never served on you in person and you did not perform any act showing awareness of it, the time limit for setting aside proceedings only starts to run on the day of the eviction itself. This can mean that setting aside proceedings are still available even after the eviction.
If the case was decided after defended proceedings, an appeal is the route: three months from the day of the judgment, and four weeks for a judgment in interim relief proceedings (Article 339(1) and (2) Rv).
Do setting aside proceedings or an appeal stop the eviction?
Only if the judgment has not been declared provisionally enforceable. Setting aside proceedings suspend enforcement (Article 145 Rv), but that main rule gives way if the court has declared the judgment provisionally enforceable. The court can only do so if this has been requested (Article 233(1) Rv), and in tenancy cases it is almost always requested and granted. So do not count on the bailiff being stopped simply because a legal remedy has been lodged.
If you still want to halt enforcement, this is done through an enforcement dispute before the interim relief judge (Article 438 Rv). The judge can suspend enforcement for a specified period or until the dispute has been decided, and can make the suspension conditional on the provision of security. The threshold is high: there must, for example, be a factual or legal error in the judgment, or a state of emergency caused by facts that arose after the judgment.
What does provisionally enforceable mean?
That the judgment may be enforced despite a legal remedy that is pending or has yet to be lodged. The court can limit that declaration to part of the judgment and can make it conditional on security being provided up to a certain amount (Article 233(2) and (3) Rv). If the judgment has not been declared provisionally enforceable and you have already lodged a legal remedy, the other party can still bring an interlocutory claim to that effect (Article 234 Rv).
What happens on the day of a forced eviction
In a forced eviction, a court bailiff enforces an enforceable title suitable for that purpose. The landlord may not take over this enforcement himself by clearing out your home or changing the locks without any legal basis. Check which judgment is being enforced, when it was served and which date and time limit are stated in the writ. A debt collection letter alone is not an eviction title.
If an eviction has been announced, have the remaining options assessed immediately. Practical preparation and legal action may both be needed at the same time. A complaint, an application for debt assistance, a payment or a legal remedy that has been lodged does not on its own suspend enforcement in every situation. Ask for explicit confirmation if the landlord says that the eviction is being postponed or withdrawn.
Coordinate in advance with the bailiff and the municipality
Ask who your contact person is and what preparations are being made. Mention circumstances that are of practical importance, such as limited mobility, medical aids, pets or minor children. These circumstances do not automatically guarantee that the eviction will not go ahead, but they must be known in good time so that appropriate help and preparation can be arranged.
Contact the municipality about debt assistance and any emergency accommodation. An announced eviction from your home is a threatening situation for which a short time limit applies to the first meeting within the municipal debt assistance system. Make the urgency concrete by showing the eviction notice. A first meeting does not automatically mean that housing is available or that the bailiff will stop.
Keep important belongings within your own reach
Set aside identity documents, medication, bank card, phone, charger, keys and essential papers. Keep items you need for work, school or medical care within reach as far as possible. Discuss with the municipality or your support worker what you need to arrange if you have nowhere else to go that day. Do not give unnecessary medical details to everyone, but do give the information that the relevant support worker needs.
- Keep the judgment, the eviction notice and contact details together in one folder.
- Take photos of the property and relevant belongings before the enforcement.
- Note which belongings are owned by others and keep any available proof of ownership.
- If possible, arrange transport and safe storage of essential belongings in good time.
- Ask for confirmation of arrangements about keys, access and communication.
This preparation does not mean that you are giving up your legal defence. Do make sure your position and any reservations are clearly recorded if you make arrangements about leaving or handing over belongings.
Who carries out the enforcement
Article 556 Rv provides that a forced eviction is carried out by a bailiff. There are statutory rules on gaining access. A locked door therefore does not in itself make lawful enforcement impossible. Do not try to resolve a conflict through physical resistance; have a disputed enforcement assessed legally.
If there is a dispute, calmly ask which step is being carried out and on what basis. Write down the names and relevant times. You can ask how to file a complaint about the enforcement, but a complaint is no substitute for a timely application to the competent court. If proceedings are pending, make clear arrangements about who will inform the bailiff of a court decision.
What happens to belongings left behind
Article 556(3) Rv assigns a task to the Mayor and Aldermen in removing and storing movable property, at the expense of the enforcing party. That does not mean you get unlimited free storage or that all costs ultimately remain with the landlord. The further settlement and any recovery of costs require a separate assessment.
Ask where belongings will be taken, how you can get them back, which time limits apply and which costs are being charged. The practical arrangements may differ from one municipality to another. Do not assume a general national storage period without checking it. Record arrangements in writing and respond quickly to messages about stored goods.
Also check the financial settlement
After the enforcement, ask for an itemised statement of costs. Keep rent arrears, any charge for use of the property, legal costs, enforcement costs and items of damage separate. Check payments and the basis of each item. A deposit settlement also remains a separate matter; an eviction does not automatically mean that the landlord may keep any remaining deposit.
If you have already paid or an arrangement has been made, forward the documents immediately for assessment. Have it established what the arrangement means for the termination, the enforcement and the remaining debt. If there is a specific risk of eviction, you can contact us via eviction announced, clearly stating the date of enforcement.
Legal basis
Dutch Code of Civil Procedure, in particular Articles 430, 438, 556 and 557, and the Dutch judiciary on tenancy proceedings.
Can the court postpone the eviction?
In certain cases it can, but not in the standard situation of a tenant who was a party to the proceedings. Article 557a Rv gives the court the power to set a period within which an eviction judgment cannot be enforced, but that article expressly concerns judgments against persons other than users or former users under a personal or property right. For tenants, postponement is therefore generally obtained through a period of grace (terme de grâce) in the proceedings themselves, through an enforcement dispute, or through a moratorium under Article 287b of the Dutch Bankruptcy Act.
By way of illustration. A tenant receives a default judgment, served on 3 March, with notice of eviction for 24 March. Setting aside proceedings must be brought within four weeks of that service, so by 31 March at the latest, but the judgment has been declared provisionally enforceable: setting aside proceedings alone will not stop the eviction on 24 March. Anyone who wants both to challenge the substance and to stop the eviction must therefore pursue two tracks at the same time. This is a hypothetical example to illustrate the rule, not a case handled by our firm.
Where it goes wrong
- You calculate the time limit for setting aside proceedings from the date of the judgment. It runs from service in person or an act showing awareness (Article 143(2) Rv), or otherwise from enforcement.
- You think that setting aside proceedings will stop the eviction. With a judgment that has been declared provisionally enforceable, that is not the case.
- You wait for a second eviction notice. It will not come.
- You leave the property empty without handing in the keys and without making arrangements. The rent debt then continues to accrue and the costs of eviction are added on top.
Further reading
- Moratorium when eviction is imminent
- Received a default judgment: what now and how do setting aside proceedings work?
- Received a judgment: setting aside, appeal and enforcement
- Summons for rent arrears: how do you defend yourself?
- Rent arrears and threatened eviction: what can you do?
Frequently asked questions
How long do I have to apply to set aside a default judgment?
Four weeks from service of the judgment on you in person or from an act showing that you are aware of the judgment (Article 143(2) Rv). Eight weeks if you have a known place of residence outside the Netherlands. Otherwise from the day on which the judgment is enforced.
What is the time limit for an appeal?
Three months from the day of the judgment, and four weeks for a judgment in interim relief proceedings (Article 339(1) and (2) Rv).
Do setting aside proceedings or an appeal stop the eviction?
Only if the judgment has not been declared provisionally enforceable. If it has, enforcement can go ahead; suspension must then be sought through an enforcement dispute under Article 438 Rv.
Who carries out the eviction and what happens to my belongings?
A forced eviction is carried out by a court bailiff on the basis of an enforceable title suitable for that purpose. Ask in advance about the planning and what you need to take with you yourself. Article 556(3) Rv governs the responsibility of the Mayor and Aldermen for removing and storing movable property left behind, at the expense of the enforcing party. This is no guarantee of unlimited free storage for the tenant. Ask the bailiff and the municipality about the actual procedure and discuss which costs will be recovered from you.
Can I get the eviction postponed?
Article 557a Rv concerns persons other than users under a personal or property right. For tenants, postponement is generally obtained through a period of grace (terme de grace) in the proceedings, an enforcement dispute or a moratorium under Article 287b of the Bankruptcy Act.
Contact us
Have you received an eviction judgment or a notice from the bailiff? Call 070 450 0300 or send your documents via arslan.nl/contact. The first consultation is free of charge and confidential. We have six offices and can also help you in Turkish, Polish and English.
Written by Ömür Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for tenancy law and social security law. Substantively reviewed on 21 September 2026 against the statutory text, the Recommendation on tenancy cases of the Tenancy Law Expert Group (LOVCK, May 2023) and Supreme Court 28 September 2018, ECLI:NL:HR:2018:1810.
