A summons for rent arrears is not a judgment, but a call to put forward a defence. It states a date by which you must respond. If you let that date pass, the court will grant judgment in default and will in principle allow the claim, unless it appears to the court to be unlawful or unfounded (Article 139 of the Dutch Code of Civil Procedure (Rv)). If you do appear, your side of the story is weighed. In tenancy cases, that difference is almost always the difference between staying and having to leave.
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What you need to do now
- Look up the date on which you must appear or respond in writing. It is stated at the front of the summons.
- Read which three claims it contains: payment, termination and eviction. They are almost always combined.
- Check the breakdown of the arrears month by month against your own bank statements.
- Find the letter in which the landlord referred you to debt assistance and offered to report the arrears to the municipality. If there is no such letter, make a note of that.
- Keep paying the current rent, now as well.
- Call us before the date stated: 070 450 0300.
How do you read the summons?
Start at the end, with the petitum. That is the list of exactly what the landlord is asking the court for. It states whether he is claiming only payment or also termination and eviction, and whether he is asking for the judgment to be declared provisionally enforceable (uitvoerbaar bij voorraad). That last point is important: the court can only declare a judgment provisionally enforceable if this has been requested (Article 233(1) Rv), and without that declaration a legal remedy can stop enforcement.
Then look at the breakdown of the arrears. Calculation errors, months booked twice, service charge statements that have not yet been finalised and collection costs that do not meet the statutory requirements are more common than you might think. Check the collection costs separately and use the bailiff’s stages to determine which response is now required. Every month taken off the arrears counts towards the three-month threshold in the Recommendation on tenancy cases (Aanbeveling huurzaken).
Who hears the case, and do I need a lawyer?
Tenancy cases concerning residential accommodation are heard by the subdistrict court judge (kantonrechter), and there you are allowed to conduct the proceedings yourself. Allowed, but that is not the same as wise. The landlord is assisted by a debt collection representative or lawyer who handles these proceedings every week, and the core of your defence lies in a balancing test (Article 6:265(1) of the Dutch Civil Code (BW)) that only works if it is properly built up in legal terms and supported by documents. See also our explanation of the subdistrict court judge.
Which defences work in practice?
There are four that really matter.
- The arrears are incorrect. If the arrears are less than three times the monthly rent, the claim for termination and eviction will be dismissed according to the Recommendation on tenancy cases (Tenancy Law Expert Group, LOVCK, May 2023). Every disputed item can therefore be decisive.
- The landlord has not complied with the reporting obligation. He is deemed to comply with Article 2 of the Municipal Debt Assistance Decree (Besluit gemeentelijke schuldhulpverlening) and must show in the summons that he did so. If that is not apparent, the court may attach consequences to this under the “unless” clause, including dismissal of the claim for termination and eviction. This is also possible in a default case.
- The “unless” test. Article 6:265(1) of the Dutch Civil Code gives a right to termination, unless the failure to perform, given its special nature or minor significance, does not justify termination and its consequences. On 28 September 2018 (ECLI:NL:HR:2018:1810) the Supreme Court (Hoge Raad) ruled that this exception is not reserved for rare cases. This is where your personal circumstances belong, together with supporting documents.
- Ask for time or a tailored solution. The Recommendation on tenancy cases expressly mentions the possibility, where a defence is put forward, of allowing a period for payment (a terme de grâce) or of ordering conditional termination. You cannot ask for that if you are not there.
Which documents does your lawyer need?
- the summons, with all its enclosures;
- the tenancy agreement and any general terms and conditions;
- bank statements for the disputed period;
- all letters and emails from the landlord, the debt collection agency and the bailiff;
- evidence of a debt assistance programme, a payment arrangement or a report to the municipality;
- documents about your situation: income, illness, family composition, benefit decisions.
By way of illustration. A tenant is summoned for arrears of four months. At the hearing it turns out that one of those months concerns a service charge statement that is still pending before the Rent Tribunal (Huurcommissie), and that the landlord never sent a letter offering to report the arrears to the municipality. The pure rent arrears therefore come to less than three monthly instalments, and the reporting obligation has not been met. Two defences that have nothing to do with unwillingness, but everything to do with the file. This is an example situation to illustrate the rule, not a case handled by our firm.
Summons or interim relief proceedings: what is the difference?
Ordinary proceedings concern termination; interim relief proceedings (kort geding) usually concern only eviction. In interim relief proceedings, the landlord asks for a provisional measure, for example eviction pending proceedings on the merits. The threshold there is higher, because the interim relief judge does not terminate the tenancy agreement; that power lies with the court hearing the proceedings on the merits (Article 7:231(1) of the Dutch Civil Code). However, the time limit for appealing against a judgment in interim relief proceedings is shorter: four weeks instead of three months (Article 339(1) and (2) Rv). You can read more about this under interim relief proceedings.
When things go wrong
- You do not respond. In default proceedings the claim will in principle be granted (Article 139 Rv), and there is then an enforceable title with which the bailiff may evict you. Setting aside the default judgment (verzet) is still possible, but only within four weeks of service in person or of an act that shows you were aware of the judgment (Article 143 Rv), and it does not suspend enforcement if the judgment has been declared provisionally enforceable (Article 145 Rv).
- You pay the arrears, but not the current month. The counter then keeps running and little changes in the balancing test.
- You send loose documents without an explanation. Evidence only works in combination with a defence that explains why termination is not justified in your case.
Further reading
- Rent arrears and threatened eviction: what can you do?
- Paying the arrears before the court decides
- Receiving an eviction judgment: setting aside, appeal or enforcement proceedings
- Received a summons from the bailiff: what now?
- Your landlord gives notice or announces an eviction
Frequently asked questions
What happens if I do not appear at the hearing?
The court will then grant judgment in default and will in principle allow the claim, unless it appears to the court to be unlawful or unfounded (Article 139 Rv). You can still apply to have the default judgment set aside (verzet) afterwards, within four weeks of service in person or of an act that shows you were aware of the judgment (Article 143 Rv).
Do I need a lawyer if I receive a summons for rent arrears?
Before the subdistrict court judge you are allowed to conduct the proceedings yourself. The defence turns on the “unless” test of Article 6:265(1) of the Dutch Civil Code and on the landlord’s reporting obligation; that requires a well-supported file.
Which claims does the summons usually contain?
Payment of the arrears, termination of the tenancy agreement and eviction from the home, almost always with a request for the judgment to be declared provisionally enforceable.
What if the landlord has not reported my arrears to the municipality?
According to the Recommendation on tenancy cases, this must be apparent from the summons. If it is not, the court may attach consequences to this under the “unless” clause, including dismissal of the claim for termination and eviction, even in default cases.
Can I ask the court for a deferral of payment?
Yes. The Recommendation on tenancy cases mentions the possibility of a period for payment (terme de grace), a tailored solution or conditional termination, but only in proceedings in which the tenant puts forward a defence.
Contact us
Have you received a summons for rent arrears? Call us before the hearing date. 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.
