Paying before the hearing helps, but it does not automatically remove all the consequences in every situation. That is the honest version of the answer. Rent arrears that have been cleared make the claim for termination and eviction much harder to grant, because the court assesses the case as it stands at that moment and applies the test of Article 6:265(1) of the Dutch Civil Code (BW). But payment does not erase the failure to perform that existed, and in the event of repeated non-payment the court expressly looks at the past as well.
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What you need to do now
- Pay what you can, and pay it before the hearing, not afterwards.
- Pay by bank transfer, with a clear payment reference. Paying in cash without a receipt cannot be proven afterwards.
- In any event, keep paying the current month.
- Draw up an overview: date, amount, what it relates to. Bring the bank statements with you to the hearing.
- Have your case assessed before you transfer a large sum: sometimes a targeted payment is more effective than a random one.
Will the eviction stop if I pay everything?
Often it will, but not as a matter of right. Two things play a role. First, the court assesses whether the failure to perform, given its special nature or minor significance, justifies termination and its consequences (Article 6:265(1) of the Dutch Civil Code). If the arrears have been paid in full by the time of the hearing, that carries great weight, certainly when set against the interest in keeping your home. Second, the rule of thumb from the Recommendation on tenancy cases (Aanbeveling huurzaken) applies: the claim will be dismissed if the arrears are less than three times the monthly rent. If you pay the arrears back to below that threshold, you strike at the core of the claim.
But in the event of repeated non-payment, things are different. According to that same recommendation, the claim will then in principle already be granted where the arrears amount to two months, provided that less than a year before the hearing you were already ordered to pay rent arrears. Clearing the arrears for a third time is less convincing than doing so for the first time.
What should my payment go towards: the principal sum, interest or costs?
For the question of termination, it is mainly the rent arrears themselves that count. The three-month threshold in the Recommendation on tenancy cases relates to monthly rent instalments, not to interest and collection costs. If you want to get below that threshold, it therefore makes sense for your payment to be allocated to the rent instalments and not first to costs and interest. State this expressly when you make your payment and keep that message.
That does not mean that interest and costs disappear. They remain part of the monetary claim, and you can dispute collection costs separately if the statutory requirements have not been met. See our explanation of debt collection and the bailiff.
I have paid everything and termination is still being claimed
Then it is no longer about the money, but about the pattern. Landlords continue the proceedings if there was an earlier judgment, if payments only ever come after a formal demand, or if there are other complaints in addition to the arrears. Your defence then shifts to the “unless” test: the consequences of termination for you and your family, whether assistance is now being provided, and whether there was a reason for the arrears that no longer applies.
On 28 September 2018 (ECLI:NL:HR:2018:1810) the Supreme Court (Hoge Raad) ruled that the “unless” clause is not intended only for rare cases and that the court weighs all the circumstances. That is precisely the room you need, but you do have to make use of it with documents.
By way of illustration. A tenant falls four months behind after a period of illness. Two weeks before the hearing he pays the full amount and provides evidence of the sickness report and of a new permanent job. At the hearing there are no longer any arrears and the cause has gone. For a tenant who is doing this for the third time in two years, with a judgment against him eight months ago, that same payment carries very different weight. These are example situations to illustrate the rule, not cases handled by our firm.
Can I still pay after the judgment and so prevent the eviction?
Then the legal route is a different one. Once a termination judgment has been given, the tenancy agreement has ended. Paying does not reverse that termination. What remains possible then runs through the legal remedies against the judgment, through enforcement proceedings (executiegeschil) before the interim relief judge (Article 438 of the Dutch Code of Civil Procedure (Rv)), or through a moratorium in the event of threatened eviction. See also receiving an eviction judgment.
In practice, landlords are sometimes still willing after a judgment to enter into a new tenancy agreement or a so-called last-chance arrangement. That is not a right, but a negotiation, and you conduct it from a stronger position with a lawyer who knows the file.
When things go wrong
- You pay the day after the hearing. The court assesses the situation as it stands at the time of the hearing; after that, it only counts in any appeal.
- You pay without a payment reference. The other party then decides what the payment is allocated to, often to costs and interest first.
- You pay the arrears but let the current month slide. You then build up new arrears during the proceedings.
- You rely on a verbal promise. Without written confirmation, it is not established at the hearing.
Further reading
- Rent arrears and threatened eviction: what can you do?
- Summons for rent arrears: how do you put forward a defence?
- Payment arrangement for rent arrears and early warning
- Deposit and rent arrears: may the landlord set them off?
Frequently asked questions
Will the eviction stop if I pay everything before the hearing?
Often it will, but not automatically. The court applies the test of Article 6:265(1) of the Dutch Civil Code and weighs all the circumstances. According to the Recommendation on tenancy cases, the claim will be dismissed if the arrears are less than three times the monthly rent.
I have paid everything, so why are the proceedings still continuing?
Usually because there is repeated non-payment. According to the Recommendation on tenancy cases, the claim will then in principle already be granted with two months of arrears if you were already ordered to pay less than a year earlier.
What is best to pay towards: rent, interest or collection costs?
For the question of termination, the rent instalments are what count. State expressly with your payment that it must be allocated to the rent instalments and keep that message.
Can I still pay after the eviction judgment in order to stay?
Paying does not reverse the termination. What remains possible then runs through the legal remedies, enforcement proceedings (Article 438 Rv) or a moratorium under Article 287b of the Bankruptcy Act (Faillissementswet).
Contact us
Would you like to know whether paying makes the difference in your case, and which items you should then pay? Call 070 450 0300 or send us 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 Netherlands Bar’s register of specialist areas for tenancy law and social security law. Content reviewed on 21 September 2026 against the statutory text, the Recommendation on tenancy cases of the Tenancy Law Expert Group (LOVCK, May 2023) and HR 28 September 2018, ECLI:NL:HR:2018:1810.
