Eviction of rented property: when and how a landlord can evict

A landlord in the Netherlands can never evict a tenant on his own authority. Eviction requires a judgment from the court, and only a bailiff (gerechtsdeurwaarder) may carry it out – even where the tenant is clearly in default. Before the court will grant that permission, the landlord must first have brought the lease to an end, either through dissolution or through notice of termination.

Why can’t a landlord evict a tenant without a court order?

Even when the tenant is plainly in breach – months of rent arrears, serious nuisance, or using the property for something the lease does not allow – the landlord may not change the locks or put the tenant’s belongings on the street. A landlord who takes matters into his own hands generally acts unlawfully towards the tenant, who can then claim compensation for the resulting damage. The court’s permission is permission to have the property evicted, not to do it personally.

How does a landlord end the lease before eviction?

Eviction is the last step, not the first: the lease has to be gone before the court will clear the property. Dutch law offers the landlord two routes to get there.

Dissolution

Dissolution (ontbinding) requires a shortcoming by the tenant in performing his obligations under the lease – rent arrears and unlawful nuisance are the usual examples. The shortcoming has to be serious enough to justify dissolution; a single late payment will not be enough. For residential space and medium-sized business space, dissolution can only be obtained through the court, never by a letter from the landlord (Article 7:231 of the Dutch Civil Code). The subdistrict court (kantonrechter) hears all rent cases, whatever the amount.

Notice of termination

The second route is notice of termination (opzegging), and the requirements depend on what is being rented. For residential space and medium-sized business space, the tenant is protected: notice can only be given on the grounds listed in Articles 7:274 and 7:296 of the Dutch Civil Code, one of which is urgent personal use of the property. Alongside the grounds, the landlord must also observe a number of formalities and deadlines; a notice that fails on a formality does not end the lease.

What if the property is 230a business space?

Not every commercial lease attracts the same protection. Where the rented space is neither residential nor medium-sized business space – the category known in practice as 230a business space, after Article 7:230a of the Dutch Civil Code – the tenant has none of the rent protection described above, and the landlord can end the lease relatively quickly.

That is not the same as being able to evict quickly. A 230a tenant is entitled to eviction protection: within two months of the written eviction notice, he can ask the court to extend the eviction period. The court can grant a first extension of up to one year, and a tenant who has already left or cleared the space may still make that request.

The court weighs the interests on both sides and grants the extension if eviction would seriously harm the tenant’s interests, and those interests outweigh the landlord’s interest in using the property. If the court refuses the request, there is in principle no appeal or cassation against that decision, the main exception being where the court applied Article 7:230a wrongly or failed to apply it at all.

Does an appeal stop the eviction?

Usually, yes: lodging an appeal normally suspends the judgment, and with it the eviction, until the appeal court has ruled. There is one important exception – if the court declared the eviction order enforceable despite appeal, the tenant’s appeal does not suspend anything and the landlord may proceed.

Proceeding in that situation carries a real risk for the landlord. If the appeal court later takes a different view, the eviction will already have happened, and the landlord may face a claim for the consequences of an eviction that should never have taken place. Under Supreme Court case law, the party that enforces a judgment which is later overturned bears that risk.

What happens once the court has granted permission?

The judgment sets the date from which the property may be cleared, and the landlord must engage a bailiff to carry this out. The bailiff serves the eviction order on the tenant, which in practice gives the tenant a final opportunity to leave voluntarily; most evictions end there.

If the tenant does not leave, the eviction goes ahead and its costs are for the tenant’s account. The landlord will normally have to advance those costs and recover them afterwards, which is one more reason a well-prepared file matters: the strength of the underlying judgment determines how much of that outlay is realistically recoverable.

What should you check as a landlord?

• Check whether the space is residential, medium-sized business space or 230a business space, because the protection differs.
• Document the arrears or nuisance and send a written demand before you start proceedings.
• Check that a notice of termination states a statutory ground under Article 7:274 or 7:296 BW and meets the formal requirements.
• Ask the court to declare the judgment enforceable despite appeal, and weigh the risk before you use it.

What should you check as a tenant?

• Check whether the landlord has a court judgment that dissolves or ends the lease and permits eviction.
• Check the date from which the judgment allows eviction and whether it is enforceable despite appeal.
• As a 230a tenant, ask the court for an extension of the eviction period within two months of the written eviction notice.
• Keep evidence of damage if the landlord evicted you without a judgment or without a bailiff.

What can we do for you with an eviction?

Our tenancy lawyers advise landlords and tenants on eviction, tenant rights and Rent Tribunal proceedings; a fuller treatment of the procedure is in our article on eviction in the Netherlands.

• We assess whether your lease can be dissolved or terminated, and on which statutory ground.
• We draft the notice of termination or the summons for dissolution and eviction at the subdistrict court.
• We conduct the defence of a tenant in dissolution and eviction proceedings.
• We file the request for an extension of the eviction period for a 230a tenant within the two-month deadline.
• We claim damages after an unlawful eviction, or defend a landlord against such a claim.

Summary

• A landlord can never evict a tenant himself; eviction always requires a court judgment carried out by a bailiff.
• The lease must first end, through dissolution or through notice on one of the statutory grounds (Articles 7:274 and 7:296 of the Dutch Civil Code).
• Tenants of 230a business space have no rent protection, but do have eviction protection: they can ask the court within two months for an extension of up to one year.
• An appeal normally suspends the eviction, unless the court declared the judgment enforceable despite appeal.
• A landlord who evicts without a judgment, or without a bailiff, generally acts unlawfully and risks a damages claim.

Frequently asked questions