Preventing eviction in the Netherlands: rent arrears or a tenancy dispute

Are you at risk of losing your rented home in the Netherlands? First establish what has actually happened legally: have you received a letter, have you been summoned to court (dagvaarding), is there a judgment, or has the bailiff (deurwaarder) already named an eviction date? That stage determines which response is needed and which time limit you must watch. A payment arrangement, a defence against a claim and proceedings to stop the enforcement of a judgment are different routes.

Ask us to assess your tenancy case

Arslan Advocaten helps tenants with rent arrears, termination notices and threatened eviction. Have the documents you received to hand and mention at first contact whether a hearing or eviction has been scheduled. If there is a specific date, do not wait for the outcome of a payment proposal or an appointment with debt counselling.

Have your tenancy case assessed or call our office in The Hague: +31 70 450 0300. The first introductory consultation is free of charge. We agree the costs of further work and any subsidised legal aid with you in advance.

Which document have you received?

A payment reminder or demand letter

Check the amount claimed month by month. Compare the statement with your bank statements and ask for an explanation if payments are missing or costs are unclear. State in writing which items you dispute. Meanwhile, try to prevent the next rent instalment from going unpaid as well.

If you cannot pay arrears that are correct in one go, make a proposal that fits your budget. Keep the ordinary rent separate from the repayment of the old debt. Read how to record a payment arrangement for rent arrears and which agreements are also needed about collection costs and eviction.

A notice of termination

A letter from the landlord does not in every situation mean that your tenancy ends on the date stated. When a landlord gives regular notice on protected residential accommodation, the ground for termination, the form of the notice and whether you agree all play a role. Have the letter assessed together with the full tenancy agreement.

Not signing is not general protection against every way in which a tenancy can end. Different rules apply to dissolution for a breach, the end of certain fixed-term contracts and the enforcement of an existing judgment. Do not sign a departure agreement either until it is clear what you are giving up and which obligations remain.

A court summons

A summons (dagvaarding) states what the landlord is claiming and when you must respond. It may concern payment, dissolution of the tenancy and eviction at the same time. The date given may relate to a procedural step or to an oral hearing. Read the instructions and, if necessary, have it checked what is expected of you.

You can acknowledge a debt and still defend yourself against the amount of costs, against dissolution or against an eviction period that is too short. Merely contacting the landlord does not replace your response in the proceedings. See the step-by-step guide for a summons for rent arrears.

An eviction judgment

After a ruling it is important to know whether you appeared in the proceedings, how and when the judgment was served, and whether it was declared provisionally enforceable (uitvoerbaar bij voorraad). Your lawyer assesses which options are still open and what a legal remedy means for enforcement. Do not assume a single fixed time limit for every judgment.

A letter of objection to the court is not automatically a valid legal remedy. Nor does an appeal prevent a judgment declared enforceable from being enforced in every case. The page on having received an eviction judgment explains the difference between setting aside proceedings (verzet), an appeal and an enforcement dispute (executiegeschil).

A specific eviction date

If an eviction has been announced, contact us immediately and send the eviction notice, the judgment and the proof of service. Tell us what has changed since the ruling: payments, an arrangement, restored income or concrete debt counselling may be relevant to the assessment. Also mention what contact there has already been with the bailiff and the landlord.

An eviction date does not disappear simply because you submit an application or pay an amount. There must be clarity about a written agreement to postpone or abandon enforcement, or about an applicable court decision. Have it confirmed who informs the bailiff and whether the planned enforcement has actually been cancelled.

When can rent arrears lead to eviction?

Rent arrears can give rise to a claim for dissolution of the tenancy and eviction. The court assesses the breach and the circumstances. The size of the arrears, earlier payment problems, catch-up payments and the ability to keep paying the current rent may all be relevant.

Three months of arrears is not an automatic timetable for eviction. The recommendations for tenancy cases published by the Dutch judiciary contain assessment guidelines and also address repeated non-payment, early warning (vroegsignalering) and a tailored approach. An earlier judgment against you and new arrears can put you in a different position from a first payment problem that has since been resolved.

What the subdistrict court (kantonrechter) takes as its starting point. Under the Recommendation on rent arrears, dissolution and eviction of September 2026 (Aanbeveling huurachterstand en ontbinding en ontruiming):

• dissolution for non-payment is in principle granted where the arrears amount to three monthly instalments, with an unpaid current month counting if rent is payable in advance. If the arrears are less than three times the monthly rent, the claim is in principle rejected;
• in cases of repeated non-payment, two months of arrears are sufficient if you were already ordered to pay rent arrears less than a year before the hearing;
• the landlord must show in the summons that he complied with the early warning rules (informing you and reporting the arrears to the municipality). If he did not, the court may reject the dissolution;
• the interests of children living in the home are weighed as a primary consideration (Supreme Court, 28 November 2025). The summons must state whether minor children live there.

If you put forward a defence, the court may also grant a period to pay or dissolve the tenancy conditionally. The full text is available in the recommendations for tenancy cases linked above.

So do not only explain why the arrears arose. Also show what has been paid and how new arrears will be prevented. The central guide to rent arrears on residential property helps you set out the balance and the possible next steps.

Does paying before the court decides help?

Paying can be of great significance, but it does not automatically undo a court case or a claim for eviction. Check whether the amount also covers interest and costs, how payments are allocated and which claims the landlord maintains. Keep bank statements and ask for an updated balance.

Bring payments to the attention of the other party in good time and, in accordance with the procedural rules, to the court. Ask whether the case has been withdrawn, adjourned or is going ahead. Until that is clear, keep following the court’s instructions. Read more about paying rent arrears before the hearing.

What can a lawyer do for you?

A tenancy lawyer examines the legal basis, the stage of the proceedings, the amounts claimed and the available evidence. It can then be assessed whether negotiation, a written response, a defence in proceedings or an urgent measure is appropriate. Sometimes a clear arrangement is achievable; in other cases the court has to decide the dispute.

In existing proceedings, your explanation alone is not enough. It has to be linked to documents and to a concrete response to the claims. Think of missing payments, disputed costs, the cause and duration of a breach and demonstrable changes. Your lawyer also discusses the cost risk and the limits of the options available.

If keeping the home turns out not to be feasible, agreements about the departure date, the remaining debt and enforcement can still be important. An arrangement must be workable and make clear which obligations remain. Do not sign any document whose consequences you cannot oversee.

Debt counselling and a possible moratorium

If you have several debts or cannot structurally afford the ordinary rent, also contact your municipality’s debt counselling service (schuldhulpverlening). Report a summons or eviction date immediately. Financial help and legal assistance may both be needed; an intake with debt counselling does not take over court time limits.

Under certain conditions, a moratorium under Article 287b of the Dutch Bankruptcy Act (Faillissementswet) can offer temporary protection against eviction from a home for rent arrears. It is intended to create room for an amicable debt arrangement. The court decides, and the conditions it sets, including arrangements about the current rent, are decisive.

Merely filing a request does not stop the eviction. A moratorium is also not a general solution for every ground for eviction. See the separate explanation of a moratorium on eviction and the information and forms from Bureau Wsnp (in Dutch).

Eviction for nuisance or housing fraud

Allegations of nuisance, subletting or not having your main residence in the property call for a different approach to evidence than a rent balance. Ask which specific conduct is alleged, on which dates and on the basis of which documents. Respond factually and also keep correspondence showing what you explained or changed.

Do not create documents after the event that give an incorrect picture of your occupancy. A useful file contains genuine, verifiable information and also explains circumstances that appear to count against you. Read the detailed pages on eviction for nuisance and housing fraud or no main residence.

The landlord has changed the locks

A landlord may not settle a tenancy dispute himself by simply locking you out. Record that you have no access, what was said to you and which belongings or essential facilities you cannot reach. Seek help without letting the confrontation escalate.

If you are locked out, rapid legal action may be needed. The situation differs from an official enforcement by a bailiff or a closure under administrative law. Bring the documents and read what you can do if the landlord has changed the locks.

What does help with a threatened eviction cost?

At first contact we discuss your situation and the options for further work. If you meet the conditions, subsidised legal aid on the basis of a legal aid certificate (toevoeging) may be possible. Income and assets are among the factors assessed. A lower current income may be a reason to look at moving the reference year (peiljaarverlegging).

A legal aid certificate does not mean that every amount connected with the proceedings is covered. Besides any personal contribution, other costs may arise, such as an order to pay the other side’s legal costs or court fees in proceedings in which you owe them. As the defendant in a subdistrict court case you do not in principle pay a court fee yourself, but you can be ordered to pay the other party’s costs. Different costs and rules apply to an appeal.

If you do not qualify for subsidised legal aid, we discuss the arrangements for paid assistance. For the financial assessment, see the information from the Legal Aid Board (Raad voor Rechtsbijstand) (in Dutch). An introductory meeting or request does not yet mean that we have accepted your case.

Do minor children live in your home? Also read the separate explanation of eviction with children and the interests of the family. Send relevant circumstances along for assessment.

Which documents help with the first assessment?

Gather your tenancy agreement with its terms and conditions, the most recent rent statement and the relevant bank statements. Add the letter, summons or ruling your question is about, including attachments. With a judgment, the proof of service and the notice of enforcement also matter. Keep envelopes if the date of receipt may be relevant.

Also make a short timeline. Note messages received, payments, agreements made and upcoming dates. Mention whether co-tenants, an administrator (bewindvoerder) or a debt counsellor are involved. You do not need to write out your whole story perfectly first: in an urgent case, the documents and the next date are the starting point.

Help from our offices

Arslan Advocaten helps tenants from Rotterdam, The Hague, Amsterdam, Utrecht, Eindhoven and Tilburg. State where you live and what the dispute is about, so that the intake can be prepared properly.

We can assist you in English, Dutch, Turkish or Polish. Sending a message does not suspend any legal time limit. If an eviction or hearing is scheduled soon, call us and mention that date straight away.

Frequently asked questions about preventing eviction

Am I safe as long as I do not sign anything?

No. Not agreeing can be important when notice is given, but it does not automatically prevent dissolution for a breach, the end of a valid fixed-term contract or the enforcement of an existing judgment. Have the specific route assessed.

Will the hearing go ahead if I propose a payment arrangement?

It may. A proposal is not yet an accepted arrangement and does not change the court timetable by itself. Follow the court’s instructions until it is clear what will happen with the proceedings.

Can I still do anything after an eviction judgment?

Sometimes a legal remedy, an agreement about enforcement or another court measure is possible. That depends on the ruling, the time limits and the circumstances. Have the judgment and the proof of service reviewed immediately.

Can the municipality stop my eviction automatically?

Registering with debt counselling does not have that effect by itself. It must be clear what help is being offered and whether an agreement or a court measure actually stops the enforcement.

May the landlord remove my belongings himself?

A landlord cannot simply resolve a tenancy dispute by evicting you himself. If you are threatened with being locked out or having your belongings removed, it is important to record evidence quickly and have your legal position assessed.

Is legal help with eviction always free?

No. The introductory consultation is free of charge. For further work, fee agreements apply or, if you qualify, the conditions for subsidised legal aid. Also discuss costs that fall outside a legal aid certificate.

Do I have to leave if the landlord terminates the tenancy?

No, not automatically. If the landlord gives notice on your home, the tenancy only ends if you agree in writing or if the court establishes that it has ended (Article 7:272 of the Dutch Civil Code). Until that ruling you may stay. The landlord needs a statutory ground for termination (Article 7:274 of the Dutch Civil Code). If you do not agree, say so in writing. This does not apply to dissolution for rent arrears; that goes through a summons.

Have the next deadline checked

Want to know how to respond to a summons, a judgment or an announced eviction? Ask us to assess your tenancy case. State which document you received and which date is on it. If there is an urgent date, you can call +31 70 450 0300.