Rent arrears do not automatically mean that you will lose your home. Your landlord cannot put you out on the street himself: termination of the tenancy of a dwelling because of a failure by the tenant to perform can only be pronounced by the court (Article 7:231(1) of the Dutch Civil Code (BW)), and the forced eviction is then carried out by a bailiff (Article 556(1) of the Dutch Code of Civil Procedure (Rv)). Between the first reminder and an empty home there are several moments at which you can still turn the tide. On this page you can read, stage by stage, what is at play, what the court takes into account and when you need a lawyer.
Nederlands: Lees dit artikel in het Nederlands: Huurachterstand en dreigende ontruiming: wat kunt u doen?
Türkçe: Bu makaleyi Türkçe okuyun: Kira borcu ve tahliye tehlikesi: neler yapabilirsiniz?
What you can do today
- In any event, pay the current month’s rent, even if you cannot clear the arrears. That is the difference on which almost every set of proceedings turns.
- Work out exactly how much the arrears amount to and whether you dispute any items (service charges, penalties, collection costs).
- Contact your municipality’s debt assistance service. Where eviction is threatened, the first meeting must take place within three working days (Article 4(2) of the Municipal Debt Assistance Act (Wet gemeentelijke schuldhulpverlening)).
- Keep every letter and every proof of payment together in one place, with the date.
- Have you already received a summons? Note the hearing date and call us before that date: 070 450 0300.
Have your rent arrears assessed
We review the stage the proceedings have reached, the amount claimed and the next steps available. We discuss the costs in advance and, where appropriate, the options for subsidised legal aid.
Tell us which step you have received: a payment reminder, a bailiff’s letter, a summons, a judgment or a notice of eviction. Does it state a hearing date or an eviction date? Mention the date and send us the document you received.
- We check how the arrears were built up and the costs that have been charged.
- We determine which defence fits the stage your case has reached.
- We check whether a postponement, a payment arrangement or a moratorium is still possible.
Call 070 450 0300Have your rent arrears assessed
Keep to any applicable deadlines until you have explicitly been told otherwise; a request via the form does not suspend any proceedings. The first consultation is free of charge and confidential.
How much rent arrears before the court can order termination?
The rule of thumb is three monthly instalments, but that rule does not work automatically in either direction. The judges of the Tenancy Law Expert Group have laid down in their Recommendation on tenancy cases (Aanbeveling huurzaken, LOVCK, May 2023) that a claim for termination and eviction on grounds of non-payment will in principle be granted if it is established that there are arrears of three monthly instalments. If the rent is payable in advance, the current month counts as a full month. The same recommendation also states: the claim will be dismissed if the arrears are less than three times the monthly rent.
If there has already been an earlier judgment against you, the threshold is lower. In the event of repeated non-payment, the claim will in principle 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.
So are three months of arrears always enough for eviction?
No. The statutory test is laid down in Article 6:265(1) of the Dutch Civil Code: every failure to perform gives a right to termination, unless that failure, given its special nature or minor significance, does not justify termination and its consequences. In its preliminary ruling of 28 September 2018 (ECLI:NL:HR:2018:1810), the Supreme Court (Hoge Raad) expressly stated that it is incorrect to take the view that this “unless” clause applies only “by way of exception” or in “rare” cases. The court weighs all the circumstances of the case, including the consequences of termination for you.
In practice this means that what you put forward really does matter. Why the arrears arose, what you have paid since, whether there are children living in the home, whether assistance is being provided, whether the arrears are now going down. But it only works if you present it with supporting evidence, and therefore only if you appear.
Does my landlord have to report the arrears to the municipality?
Yes, and if he has failed to do so, it may cost him his eviction. Article 2 of the Municipal Debt Assistance Decree (Besluit gemeentelijke schuldhulpverlening) requires the landlord of residential accommodation to pass on your contact details and the amount of the arrears to the municipality when there are rent arrears. Certain conditions come first: he must have made an effort to make personal contact, have referred you to debt assistance, have sent at least one written payment reminder and have offered in it to pass the information on to the municipality, without you objecting to that.
The Recommendation on tenancy cases is strict on this point: in the summons, the landlord must show that he has complied with those obligations. If that is not apparent, consequences may be attached to this under the “unless” clause of Article 6:265(1) of the Dutch Civil Code, including dismissal of the claim for termination and eviction. This is possible even in default cases. It is therefore always worth checking whether that report is in your file.
The stages: where do you stand now?
1. Reminder or formal demand
The landlord or his debt collection agency sends a letter. This is the stage at which a payment arrangement achieves the most and costs the least. There is no court involved yet, and therefore no court fees or legal costs either. See also our explanation of debt collection and the bailiff. At this stage, also check whether the collection costs on your rent arrears are correct.
2. Summons
You are summoned to appear before the subdistrict court judge (kantonrechter). The summons usually contains three claims at once: payment of the arrears, termination of the tenancy agreement and eviction from the home. What you do now determines most of the outcome. Read more on a summons for rent arrears.
3. The hearing
If you pay (part of) the arrears before the hearing, that counts, but it does not automatically remove all the consequences. How this works exactly is explained on paying the arrears before the court decides.
4. Judgment
If the court grants the claim, you receive an eviction judgment. That is not yet the same as an eviction: time limits apply and legal remedies are available. See receiving an eviction judgment.
5. Notice of eviction
The bailiff serves the judgment and announces a date. What a bailiff may and may not do at each stage, and what you need to do for each document, is explained in the bailiff and rent arrears. Even then there is sometimes still a route, for example through a moratorium in the event of threatened eviction or enforcement proceedings (executiegeschil).
What if I dispute certain items?
Disputing is allowed, withholding rent yourself almost never is. If you believe you are paying too much, that there are defects or that the service charges are incorrect, those are serious defences. But if you withhold rent for that reason, rent arrears arise, and rent arrears are the most commonly used ground for termination. The right to suspend performance under Article 6:262 of the Dutch Civil Code does indeed exist, but it applies only to the extent that the landlord’s failure to perform justifies it. The court’s assessment of that afterwards often turns out differently from what tenants expect.
The safe route is: keep paying and claim the money back. If it concerns defects, see your landlord does not remedy the defects. If it concerns the amount of the rent or the rent increase, see your rent increase is too high.
By way of illustration. A tenant pays 150 euros less each month for six months because the heating in two rooms does not work. The landlord issues a summons for arrears of 900 euros plus interest and costs. At the hearing it turns out that the defect is undisputed, but also that the tenant only reported it in writing two months after first withholding rent. The defect is established; the amount of the self-imposed reduction is not. This is an example situation to illustrate the rule, not a case handled by our firm.
Rent arrears after you withheld rent because of defects
A leak, faulty heating or serious mould may give rise to a claim against the landlord. It does not automatically give you permission to stop paying the full rent. If you pay less on your own initiative, the landlord can claim the difference as rent arrears and possibly seek termination and eviction. You should therefore look into which legal route fits the defect.
Keep three concepts apart: rent reduction, suspension and set-off. They have different conditions and consequences. A message in which you report a defect is not in itself a valid decision that your rent will from now on be a certain amount lower.
Rent reduction relates to reduced enjoyment of the property
Article 7:207 of the Dutch Civil Code gives, subject to conditions, a right to a proportionate reduction of the rent where enjoyment of the property is reduced because of a defect. The period, notification, seriousness and attribution must be assessed. In some situations the Rent Tribunal (Huurcommissie) may have a role; in other cases the court is the appropriate route. Jurisdiction, the date of the contract and time limits each deserve separate checking.
Do not just take photos of the damage, but also record the consequences for your use of the home. Which room could you not use, since when and why? Keep maintenance reports, appointments and responses. A concrete timeline shows more clearly for which period a reduction is being requested.
Suspension is temporary and must be justified
With suspension, you postpone payment because of a failure to perform by the other party. It is not an automatic waiver of the debt. The required connection, seriousness and extent all play a role. A partial defect does not in itself justify withholding the entire rent. You must also take into account what may still turn out to be owed after repair or assessment.
Where possible, therefore, keep a suspended amount available, but do not regard that as a guarantee that your suspension is lawful. A reserve of your own in your bank account does not remove any rent arrears as far as the landlord is concerned. Have the proportionality and conditions assessed before the debt increases further.
Set-off requires a suitable counterclaim
With set-off, you deduct a claim of your own from what you have to pay to the same counterparty. The requirements of Article 6:127 of the Dutch Civil Code, among others, apply to this. A damages claim that is still unclear, or a request for a future rent reduction, cannot simply be used as an established credit.
Article 6:136 of the Dutch Civil Code may moreover be relevant if the validity of the set-off defence cannot easily be established. The court may then still grant the rent claim, subject to conditions. It is therefore important that your counterclaim is not only mentioned, but also substantiated both legally and factually.
| What you want to achieve | What to look out for |
|---|---|
| Repair of a defect | Notification, repair obligation, access and a reasonable period |
| Lower rent over a period | Defect, reduced enjoyment of the property, notification and the correct procedure |
| Temporarily not paying in full | Conditions and proportionality of suspension |
| Deducting a claim of your own | Existence, enforceability and eligibility for set-off of that claim |
Respond to a summons with two overviews
Draw up a financial overview of rent instalments, payments and the amount withheld. In addition, draw up a timeline of the defect, reports, inspections, repair attempts and consequences. Link those overviews: explain why an amount was withheld in precisely those months and on what grounds you defend that.
Fictitious example: you paid € 200 less for four months because of a long-lasting leak. The landlord claims € 800. Photos of the leak are relevant, but you also need to explain when the landlord became aware of it, what enjoyment of the property was lacking and what legal significance you attach to withholding the rent. The existence of the defect alone does not in itself determine the amount of the counterclaim.
Have it assessed whether, in addition to a defence, you should bring a claim of your own. Merely complaining about the defect in an email may be insufficient for the ruling you are asking the court to give. Follow the instructions and time limits in the summons and those of the court. Also read a summons for rent arrears.
Record a temporary solution precisely
Sometimes it can be agreed that a specific amount is reserved for the time being, a repair is carried out and the account is then settled. Record whether the parties allow suspension, whether the rent changes temporarily and what happens if the repair is not carried out. An agreement about repairs is not in itself an agreement about paying less.
Also have it determined what happens to any ongoing debt collection or claim for eviction. If necessary, involve debt assistance if you are no longer able to pay the withheld amount. For an assessment of the defect, you can read more on maintenance backlog in a rented home. In the event of proceedings, you can contact Arslan Advocaten and send both overviews with your message.
Legal basis
Dutch Civil Code, Book 7, Articles 204, 206 and 207, and Dutch Civil Code, Book 6, Articles 127, 136 and 262.
What does a lawyer cost in a rent arrears case?
Often less than tenants think, because tenancy cases lend themselves to subsidised legal aid. If you qualify for it, the Legal Aid Board (Raad voor Rechtsbijstand) covers a large part of the costs and you pay a personal contribution. The Board looks at your income and your assets in the reference year (for 2026 that is 2024). If your box 3 assets in that reference year exceed the asset threshold, there is no subsidised legal aid, not even on a low income.
Note two things that are not covered by subsidised legal aid: the court fee that you may owe yourself in proceedings, and any order to pay the other party’s legal costs. We assess in advance whether you qualify and tell you honestly what falls outside the subsidised legal aid.
When things go wrong
- You also stop paying the current rent. The arrears then grow past the rule of thumb every month and almost all room for negotiation disappears. Even a moratorium only works if the current rent is paid on time (Article 305(2) of the Bankruptcy Act (Faillissementswet)).
- You do not appear at the hearing. In default proceedings, the court will in principle grant the claim, unless it appears to the court to be unlawful or unfounded (Article 139 Rv). Your side of the story is then not heard.
- You wait until after the judgment to pay. Payments made before the hearing can be put forward, with evidence, in the balancing test under Article 6:265(1) of the Dutch Civil Code. After that it is usually too late.
- You sign a termination agreement to be rid of the hassle. In doing so, you give up precisely the protection that the law gives you.
Further reading
- Your landlord gives notice or announces an eviction
- 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?
- Tenancy law: your deposit, your rent and your protection as a tenant
- Do you rent business premises rather than a home? A different regime then applies: rent arrears on business premises.
A tenancy lawyer near you
We help tenants from six offices: Rotterdam, Den Haag, Amsterdam, Utrecht, Tilburg and Eindhoven.
Frequently asked questions
How much rent arrears before I can lose my home?
The Recommendation on tenancy cases takes three monthly instalments as its starting point; in the event of repeated non-payment, two months suffice if you were already ordered to pay less than a year earlier. If the arrears are less than three times the monthly rent, the claim will be dismissed according to that same recommendation.
Do three months of rent arrears automatically mean eviction?
No. The court applies the test of Article 6:265(1) of the Dutch Civil Code and weighs all the circumstances. In 2018 the Supreme Court ruled that the “unless” clause does not apply only in rare cases.
May my landlord evict me from the home himself?
No. Termination of the tenancy of a dwelling because of a failure to perform can only be ordered by the court (Article 7:231(1) of the Dutch Civil Code), and the forced eviction is carried out by a bailiff (Article 556 Rv).
Does the landlord have to report my rent arrears to the municipality?
Yes, under the conditions of Article 2 of the Municipal Debt Assistance Decree. If the summons does not show that he has done so, the court may dismiss the claim for termination and eviction, even in a default case.
May I withhold rent if there are defects?
In certain circumstances suspension may be possible, but the conditions and its proportionality to the defect must be assessed. Rent reduction, suspension and set-off are different routes. Deciding on a reduction yourself may result in disputed rent arrears. Report the defect in writing, keep evidence and have it assessed which route fits. Keep any amount that may still turn out to be owed available and respond to a summons in good time.
Will my lawyer’s fees be covered in a rent arrears case?
Often they will, through subsidised legal aid from the Legal Aid Board. The Board looks at income and assets in the reference year. Court fees and any order to pay legal costs are not covered by subsidised legal aid.
Contact us
Do you have rent arrears, or have you received a formal demand or a summons? 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.
