Rights as a landlord in case of rent arrears

Questioner

What rights do I have as a landlord if my tenant has not paid the rent for 3 months?

Lawyer

Three months of rent arrears are grounds for terminating the lease. I advise you to send a formal notice requesting payment and announcing that if payment is not made, a claim for termination of the lease and eviction from the property will be filed with the court.

Questioner

Hi Rudolf, thanks for your answer! I already terminated the lease agreement as of July 1st (after 2 months of not paying rent) but she is not leaving... How do I arrange a claim with the court? and what are the costs involved? And I can certainly whistle for my 3 months rent.. sorry just more questions..

Lawyer

In addition to the above: Is it a residential or commercial space? The rights of the tenant The rights of the tenant are greater in residential than in commercial space. In residential space and also in SME commercial space there is still a right to eviction protection for some time. In addition, you can start a civil case for the claim of the rent money and the costs of seizure and eviction. Hopefully there is still income, money or goods that can be seized.

Questioner

Hi Noëlle, thanks for your response! This concerns a living space that I am renting out because I cannot sell it.

Lawyer

The question of whether you can terminate the lease in case of non-payment is the same for residential and commercial premises. For both types of rent, a significant arrears is a reason for termination of the lease and eviction. You could also consider (for the future) renting with a permit from the municipality based on the Vacancy Act. With this form of rent (of living space) the tenant has no rental protection at the end of the lease.

Questioner

Hi Rudolf, Thanks for your response! I have already hired a bailiff (via a real estate agent). I am surprised at how protected tenants are in the Netherlands. I am not allowed to do anything other than pay the mortgage of my house where someone else is currently living for free... that can't be right... How can I arrange for her to be evicted (with or without paying the outstanding rent)?

Lawyer

The options are as follows: - request payment; - in the event of non-payment, initiate dissolution proceedings with the subdistrict court, in which payment of the arrears, eviction and damages (compensation of the rental terms until the end of the contract, this only applies to fixed-term rentals) are also demanded; - after a favorable judgment, have the eviction effected by the bailiff. In principle, the bailiff can perform all these tasks for you. Of course, our tenancy law department can also assist you with this.