Tenancy lawyer in Rotterdam: rent arrears, repairs and eviction

First identify the stage of your dispute

A reminder, a summons and a judgment served by a bailiff are different documents. A reminder may leave room to correct the account or negotiate. A summons also requires you to follow the court’s timetable. If judgment has already been given, we need the complete decision, the documents showing service and any announced eviction date.

Do not send only the most recent paragraph or a screenshot of the amount claimed. Earlier payment arrangements, notices and messages can explain why the parties disagree. Tell us what you have already promised, including any verbal arrangement. Correspondence outside the proceedings does not replace a defence that must be submitted to the court.

If you have already paid, check whether the landlord still seeks interest, costs, termination or eviction. Payment does not automatically mean the hearing has been cancelled. Our guide to rent arrears explains the main stages.

Check whether the arrears calculation is correct

Prepare a month-by-month account showing the amount due, each payment and the balance claimed by the landlord. Include the date, reference and recipient of every transfer. A payment may have been allocated to another month, while service charges, interest and collection costs may have been added to one total.

Distinguish a genuine inability to pay from a bookkeeping dispute. Where payments are missing, identify the disputed entries and provide bank statements. Where rent really remains unpaid, a realistic budget and a workable arrangement are important. A general complaint that the landlord is unfair is not a substitute for showing which amounts are wrong.

Keep current rent separate from the old debt. An arrangement for earlier instalments is unlikely to solve the problem if new arrears build up at the same time. Include payments made by a partner, a housemate or a support organisation where they are relevant.

Eviction is not an automatic three-month rule

A landlord may ask the court to terminate a tenancy and order eviction because of rent arrears. Judicial recommendations include starting points for assessing the size and pattern of arrears. They do not mean that arrears below three months are always safe, or that reaching three months automatically results in eviction. Your circumstances, previous defaults, available evidence and defence also matter. [Rechtspraak]

A landlord cannot simply carry out an ordinary tenancy eviction by changing the locks without a legal basis. When forced eviction is announced, the judgment or other enforceable basis, its service and the procedural position need urgent attention. An agreement to postpone matters may sometimes be possible; urgent court relief may need consideration in other cases. No lawyer can promise in advance that eviction will be stopped.

An urgent application, known as a kort geding, leads to a provisional decision. A court can consider a request for eviction in that procedure, but it does not finally dissolve the tenancy agreement there. The documents determine the appropriate claim or defence. [Rechtspraak] See also what to do after an eviction notice.

Make a payment arrangement you can actually maintain

A useful arrangement says which debt it covers, how current rent will be paid, what happens to costs and whether the landlord will suspend proceedings or a planned eviction. Making a payment alone does not establish that all further action has been abandoned. Ask for clear written confirmation of the agreed effect on any court or bailiff process.

Base your proposal on income and essential expenditure. A promise that is too ambitious can make the situation worse when the first instalment is missed. Municipal debt assistance can be relevant alongside a legal defence. Tell us about existing assistance so that advisers do not send inconsistent proposals to the landlord.

Hypothetical example: the basic rent has been paid, but the landlord’s total also includes disputed service charges. We would separate those charges from unpaid rent and assess the procedural risk. Stopping every payment because one part is unclear may create additional problems. This example is not a claim about a case won by our office.

Mould, leaks and other defects: establish the cause

A defect can reduce the use and enjoyment you may reasonably expect from the property. Responsibility for repair depends on the nature and cause of the problem. Small repairs for the tenant and damage caused by the tenant need to be distinguished from structural or installation defects for which the landlord is responsible.

Mould disputes often concern ventilation, heating, thermal bridges or a faulty ventilation system. Record where mould occurs, when it started and whether the ventilation facilities work. Photographs are useful, but an inspection or measurement may be needed to establish the cause. A legal file is not a substitute for a technical assessment. [Huurcommissie]

Report an ongoing leak immediately and take reasonable steps to limit further damage. Confirm a telephone report in writing. Damage to furniture or other belongings is a separate issue: record the affected items, their condition and the costs claimed, and tell us about any insurance payment. A defect does not automatically make every claimed loss recoverable.

A practical repair plan and the right procedure

First send a clear report identifying the defects, dates, photographs and the repair requested. Keep the full correspondence and offer reasonable access for inspection and repair. Record cancelled appointments and unsuccessful visits. For the Huurcommissie defects procedure, the landlord normally has six weeks after the report to put matters right; urgent danger or continuing damage should not simply be left for that period.

Next identify what you need: an actual repair, compensation through a lower rent, or damages for separate losses. Those are different outcomes. The Huurcommissie can assess serious defects and temporary rent reduction within the applicable regulated framework. For free-sector defects, its role is advisory and requires an agreement allowing the parties to use that route. Its advice does not itself force the landlord to carry out repairs. [Huurcommissie]

The subdistrict court may provide a route for enforcing repairs or seeking other relief. Do not stop paying all rent, commission expensive repairs at the landlord’s expense, or set off a claim without checking the conditions. Otherwise a valid maintenance complaint can become entangled with a new arrears claim. Read our maintenance guide.

The Huurcommissie currently expects the Wet toekomstbestendige huurcommissie to take effect on 1 January 2027. Its announced changes include a written defect-report requirement. Treat that as an expected commencement date and check the rules in force when you apply. Keeping written evidence is already sensible. [Huurcommissie]

Deposits and service charges need separate accounts

When you leave, ask for a written specification of any deposit deduction. Gather the initial and final inspection reports, photographs, proof of the deposit and the key-handover record. Ordinary wear is not automatically damage caused by you. Equally, a photograph of one tidy room does not disprove every allegation about the rest of the property.

The general repayment period is fourteen days after the tenancy ends. Where an allowed deduction is made, the remainder must be returned within thirty days, with a full written cost specification. Not every charge, such as a general administration fee, is permitted. Do not assume you can use the deposit instead of paying the last month’s rent. [Rijksoverheid]

For service charges, compare the annual statement with the agreed services, actual costs, allocation and advances already paid. An annual reconciliation is different from a deposit repayment. The landlord cannot justify every deduction simply by saying that unspecified costs might arise later. See deposit deductions and inspection evidence and checking service charges.

Notice, temporary contracts and pressure to leave

A letter referring to sale, renovation or the landlord’s intended personal use is not a complete legal assessment of whether your tenancy ends. Check the type of agreement, the ground relied on and the procedure followed. Do not sign a termination agreement while you are still trying to establish whether you can remain.

Indefinite residential tenancies have been the starting point for new contracts since 1 July 2024, with specific exceptions. Older contracts and special forms of letting can follow different rules. The heading “temporary contract” alone does not settle the matter. Send the agreement, annexes and later extensions. [Rijksoverheid]

A proposed departure arrangement may also deal with inspection, outstanding rent, the deposit and release of further claims. Understand all those provisions before agreeing to a date. Access for renovation and termination of the tenancy are not the same issue.

A letter, the Huurcommissie, the municipality or court?

The next step should match the dispute. A focused letter can obtain a missing account or clarify a position. A rent-price or service-charge dispute may fit a Huurcommissie procedure, depending on the agreement and applicable rules. A repayment claim, threatened eviction or demand for repairs may require the subdistrict court.

A municipal report can prompt supervision or enforcement against a landlord. It does not automatically recover your deposit or suspend an eviction. Tell us which procedures and complaints are already running so that their purposes and deadlines remain clear.

A lawyer is not mandatory before the kantonrechter, the subdistrict court. Assistance can nevertheless help align the facts, evidence, legal claims and procedural requirements. Choosing our Rotterdam office does not itself decide which court has jurisdiction. [Rechtspraak]

Rotterdam: court, local assistance and our office

Residential tenancy disputes concerning a Rotterdam property fall within the Rotterdam district court’s subdistrict jurisdiction. Rotterdam hearings are generally held at Wilhelminaplein; the court also has a Dordrecht location. The applicable court allocation and the details in your summons determine where and when to attend. Do not substitute the office address or a general website description for the instructions in your court papers.

Rotterdam also provides municipal routes for debt support, reports of poor housing maintenance and unwanted landlord behaviour. Local housing-permit requirements may matter for a particular property. These administrative questions remain separate from your contractual rights and a personal repayment claim. Check the current requirements for the address concerned.

Our Rotterdam office is at Schiedamsedijk 60-A, 3011 EH Rotterdam. Call 010 311 55 00 to discuss an appointment. Tell us immediately if a hearing or eviction date is approaching.

Prepare your file and agree costs

Bring the tenancy agreement and annexes, a chronological payment account, the latest correspondence and your preferred outcome. For repairs, add photographs and earlier reports. For proceedings, include the entire summons and exhibits rather than the front page alone. We then identify missing information, available arguments and the risks of the proposed route.

The introductory consultation is free and without obligation. Further correspondence or proceedings are not automatically free. We agree the engagement and costs before further work. Depending on the case and your circumstances, subsidised legal aid or legal-expenses insurance may be relevant. Eligibility is assessed separately; a personal contribution and other costs can remain. [Raad voor Rechtsbijstand]

Landlords and business tenants may also contact us. Specify whether the premises are a home, shop, catering business, office or storage space: residential rules cannot simply be applied to every business lease. We check conflicts of interest before accepting an engagement. Contacting us alone does not mean we have accepted responsibility for a deadline.

Frequently asked questions