Engaging a landlord-tenant attorney is essential when your home or commercial premises are at stake. Whether it concerns rent arrears, a threatened eviction, serious defects, a dispute over a rent increase or termination of the lease agreement: a landlord-tenant attorney provides legal protection and a strategic approach. In this comprehensive guide you will learn when a landlord-tenant attorney is needed, which statutory rules apply, and how you can significantly strengthen your position.

When do you need a landlord-tenant attorney?

A landlord-tenant attorney is particularly necessary when the dispute may have legal consequences. Consider:

• Persistent rent arrears with the threat of termination
• An eviction summons
• Serious defects in the rental property
• Dispute over rent or service charges
• Termination or notice of termination of the lease agreement
• Dispute over the security deposit or handover

The earlier a landlord-tenant attorney is engaged, the greater the chance that escalation can be prevented.

The legal framework of tenancy law

Tenancy law is governed by Book 7 of the Civil Code (Article 7:201 BW et seq.). The law provides extensive protection for tenants of residential premises. A tenancy law attorney always assesses a dispute against these statutory provisions.

Termination for rent arrears

A landlord can seek termination of the lease agreement when there is a breach. According to settled case law, that breach must be sufficiently serious. Not every instance of arrears automatically leads to termination. A tenancy law attorney assesses:

• The amount and duration of the rent arrears
• Whether payment arrangements are possible
• Whether special personal circumstances are at play
• Whether termination is proportionate

Defects regime (Article 7:204 BW et seq.)

A defect is any condition or characteristic of the property that reduces the tenant’s enjoyment of the leased property. The landlord must remedy defects, unless this is impossible or requires expenditures that cannot reasonably be demanded of him.

A tenancy law attorney assesses whether:

• There is a legal defect
• The notification was made correctly
• Rent reduction is possible
• Damages can be claimed

Termination of residential lease (Article 7:274 Dutch Civil Code)

A landlord cannot simply terminate a residential tenancy. The law provides an exhaustive list of grounds for termination, such as urgent personal use or persistently poor tenancy. A tenancy law attorney examines whether all legal requirements have been met.

Tenancy law attorney for imminent eviction

One of the most drastic situations is an eviction proceeding. In urgent cases, summary proceedings can be initiated. The judge then weighs the landlord’s interest against the tenant’s interest.

A tenancy law attorney can:

• Mount a defense against termination
• Propose a payment plan
• Provide evidence of changed circumstances
• Temporarily suspend eviction

You can find more information about civil procedures on our page about civil procedure.

Rent arrears: legal strategy

With rent arrears, speed is crucial. A tenancy law attorney focuses on mitigating losses and preserving housing. The judge considers proportionality and reasonableness.

Important factors are:

• Are the arrears temporary or structural?
• Is there willingness to pay?
• Are there special circumstances (illness, loss of income)?
• Has assistance been engaged?

A well-substantiated strategy can prevent termination.

Rent increase and service charges

A tenancy lawyer checks whether a rent increase complies with legal limits and contractual provisions. For service charges, the landlord must provide a transparent and itemized statement.

For general information on tenancy rules, you can consult Government of the Netherlands and at the Rent Tribunal.

Evidentiary position in rental disputes

A tenancy law attorney devotes a lot of attention to evidence. In proceedings, written documentation is decisive.

• Lease agreement and general terms and conditions
• Correspondence by email or letter
• Payment receipts
• Photos of defects or damage
• Witness statements where relevant

Without evidence, litigation is risky.

Limitation periods and deadlines

Claims for payment of rent generally become time-barred after five years. Time limits also apply to claims for damages. A tenancy law attorney carefully monitors these deadlines to prevent loss of rights.

Case study: preventing rent arrears

A tenant was three months in arrears. The landlord started termination proceedings. Through swift intervention by a tenancy law attorney, a payment plan was arranged and the tenant could remain in the home.

Case study: defects and rent reduction

A tenant faced serious damp problems. After repeated reports without remediation, a rent reduction was claimed. The case was resolved through a settlement providing for repairs and compensation.

Relationship with other areas of law

Tenancy disputes sometimes intersect with other areas of law, such as:

• Employment law in case of loss of income
• Insurance law in case of fire damage
• Family law in case of relationship breakdown and housing rights
• Personal injury in case of damage caused by defects

Costs and government-funded legal aid

In tenancy law cases, we also work on a legal aid basis if you qualify. This means that the Legal Aid Board reimburses a large part of the lawyer’s fees when your income is below the statutory threshold. You then only pay a personal contribution.

We determine in advance whether you qualify for this.

Conclusion: retaining a tenancy law attorney prevents bigger problems

A rental dispute can have major consequences for your housing security and financial position. A tenancy law attorney provides legal clarity, strategic guidance, and protection of your rights. Acting in a timely manner prevents escalation and increases the likelihood of a favorable outcome.

Would you like to have your case assessed by a tenancy law attorney? You can contact us for an initial legal assessment.