If children live in a rented home whose landlord is seeking dissolution of the tenancy and eviction, the subdistrict court must weigh their interests as a primary consideration. The Supreme Court ruled this on 28 November 2025 (ECLI:NL:HR:2025:1799). Their interests carry great weight, but are not automatically decisive: the court weighs them against the interests of the landlord and the neighbours. The court can, however, grant a long period for vacating the property, adjourn its decision or make the eviction conditional on accommodation being arranged for the children.
Written by Ömür Arslan, lawyer at Arslan Advocaten, registered in the areas-of-law register of the Netherlands Bar for tenancy law. Based on the text of the judgment itself. Last updated: 23 September 2026.
What was the case about?
In 2024 the subdistrict court in North Holland was hearing several eviction cases brought by the housing association Ymere in which children lived in the home. Those cases concerned nuisance, offences under the Opium Act (Opiumwet) and possession of weapons in the home. The subdistrict court referred preliminary questions to the Supreme Court: how much weight do the children’s interests carry, what must the court investigate of its own accord, and what conditions may it attach to an eviction? The answers apply to all eviction cases involving children, and therefore also to rent arrears.
What did the Supreme Court decide?
| Question | Answer of the Supreme Court |
|---|---|
| How much weight do the child’s interests carry? | They are a “primary consideration” with high priority (article 3(1) of the UN Convention on the Rights of the Child), when assessing whether the failure to perform justifies dissolution (article 6:265(1) of the Civil Code). They need not be decisive. |
| Which interests of the child count? | Among other things, the right to housing and the right not to be separated from the parents. |
| What else is taken into account? | The possibility of other housing, the nature and seriousness of the failure to perform, its repetition or duration, and the interests of the neighbours. Culpable conduct by the parents does not diminish the child’s interests. |
| Must the court carry out its own investigation? | Of its own motion where necessary: it checks whether the eviction affects children and, if so, asks about alternative housing. It may require more information from a housing association than from a private landlord. It does not contact agencies itself outside the hearing. |
| Which decisions are possible? | A long period for vacating the property, adjourning the decision, or the condition that adequate accommodation has been arranged for the children. |
The Supreme Court calls homelessness of a child socially unacceptable, and separating parents and child must in principle be prevented. At the same time, according to the Supreme Court, preventing this is not primarily the responsibility of the landlord, but of the parents and the government. That risk therefore does not always lead to the eviction being refused.
What does this mean if you are in rent arrears?
In the case of rent arrears, the subdistrict court assesses whether the arrears justify dissolution. In practice, subdistrict courts in principle grant dissolution where three monthly instalments are in arrears (Recommendation on tenancy cases, Aanbeveling huurzaken), but the court always weighs all the circumstances. If children live in the home, their interests have, since this judgment, expressly been a weighty part of that assessment. In addition, the landlord must have followed the early warning procedure (vroegsignalering) before issuing the summons; if that has not happened, the court may reject the claim. You can read more about this on our page about rent arrears and threatened eviction.
What can you do as a tenant?
- Attend the hearing or submit a written response. In principle it is up to you to argue that dissolution is not justified, and that children live in the home. If you stay away, the court has to make do with what the landlord knows.
- Explain what an eviction means for your children. Think of their age, school, care or support, and whether there really is another home where the family can live together.
- Show what you are doing to solve the problem. For rent arrears: a payment arrangement, debt counselling or an application for special assistance (bijzondere bijstand). For nuisance: concrete measures.
- If necessary, ask for a long period for vacating the property or for an adjournment. The Supreme Court expressly mentions these options, to make it possible to look for other housing.
What does this mean for landlords?
Landlords, and housing associations in particular, must take into account that the court will ask whether children live in the home and what alternatives there are. More can be asked of a housing association that lets several homes than of a private landlord. A well-substantiated file on the failure to perform, the consequences for the neighbours and the alternatives offered has therefore become more important.
Frequently asked questions
May a landlord evict a family with children?
Only after a judgment of the subdistrict court; a tenancy of residential accommodation can only be dissolved for failure to perform by the court (article 7:231(1) of the Civil Code). The court must weigh the children’s interests as a primary consideration, but they are not automatically decisive.
Is an eviction refused if the children would otherwise become homeless?
Not always. The Supreme Court calls homelessness of a child socially unacceptable, but preventing it is mainly the responsibility of the parents and the government. The court can, however, grant a long period for vacating the property, adjourn the case or set conditions, such as adequate accommodation.
Does this judgment also apply to rent arrears?
Yes. The case concerned nuisance and drugs, but the standard applies to every claim for dissolution and eviction of a home in which children live, and therefore also to rent arrears.
Do I have to say myself that children live there?
Yes, in principle that is up to you as the tenant. The court will also investigate it itself where necessary, but in a case in which you do not appear, it only has the landlord’s information.
Source: Supreme Court 28 November 2025, ECLI:NL:HR:2025:1799, paras 3.3.2-3.5.2. Further reading: Notice to vacate: what now?, Rent arrears and threatened eviction and Tenancy lawyer.
Is an eviction hearing scheduled and do children live in the home? Call the office nearest you or send your summons via the contact form. We will quickly look at what you can argue in the proceedings.
