Eviction is the physical clearing of premises and their return to the landlord. A landlord may never do this itself: a court judgment is required, enforced by a bailiff.
Legal basis
The lease must first have validly ended: by notice on the statutory grounds, by rescission under Article 6:265 of the Dutch Civil Code for a failure to perform, or automatically at the end of a fixed term. Article 7:231 provides that a lease of residential or business premises can only be rescinded by the court; a landlord therefore cannot rescind out of court. An exception applies where premises are closed under Article 13b of the Opium Act. For rent arrears the courts use a rule of thumb of around three months’ arrears before rescission is justified; below that the failure is often held insufficiently serious under the proviso in Article 6:265(1). Articles 555 onwards of the Code of Civil Procedure govern enforcement, with a writ of eviction and a period of at least three days.
How it works in practice
Proceedings begin with a notice of default, followed by a writ claiming rescission and eviction. In urgent cases eviction can be sought in summary proceedings, but the judge is cautious because eviction is irreversible: the failure must be so evident that the main proceedings cannot be awaited. The tenant can ask for a period of grace under Article 7:280 for business premises, or for a longer period to vacate.
Where it goes wrong
Landlords change the locks or put belongings outside; that is self-help and creates liability. A second error is seeking rescission for minor arrears, and the claim fails. Third, where there is subletting or other occupants, no eviction title is obtained against them and the eviction stalls.
Related terms
Eviction follows rescission, connects to residential rent protection and to executory attachment.
Are arrears mounting, or are you threatened with eviction? Our real estate law specialists assess the position.
