Summary proceedings for eviction of tenant?

Questioner

I am a private landlord and rent my old apartment to a lady. This lady has been living there for half a year now and from day 1 there have been problems, the rent is not paid, among other things. The lies are piling up. One moment she has a job, the next she doesn't. It also turns out she has 2 dogs with behavioral problems in the house, while my house is furnished and she deliberately concealed this. If I had known this, I would never have offered her a rental contract. She has also registered 2 people who do not live there, but apparently need an address. I am now seeking an eviction, because the rent arrears are now 4 months. But I wonder if I can start summary proceedings? I am afraid that the higher the debt becomes, she simply cannot pay it and the rent is my main source of income. The longer she is in it and does not pay, the longer I will have to pay these costs and the more difficult it will be for me financially. It also concerns a furnished apartment and these dogs would be killed because of aggression. I have no idea what they are doing to my home. There has now been a complaint from the neighbors in which they indicate that the dogs do their business on the balcony and it is suffocating. The neighbors also do not dare to come onto the balcony. I have tried several times to find a solution, but I am not allowed to come over, she is never reachable and payment agreements are not honored. I know that summary proceedings require urgency, but it is not stated anywhere what this urgency should entail... Does it make sense to file summary proceedings in this situation?

Lawyer

That possibility exists, but then the judge in summary proceedings will have to consider the failure to comply as sufficiently serious and it will have to be demonstrable that the interest of the tenant (to be able to continue the enjoyment of the property since there is most likely no alternative accommodation yet) must reasonably yield to the interest of the landlord. The judge in summary proceedings will also have to be convinced that an eviction claim will be granted in the main proceedings. Furthermore, it will of course have to be demonstrated that there is an urgent interest in the (provisional) eviction.

Lawyer

A payment arrears of four months will certainly be regarded as an urgent interest for the purposes of summary proceedings. Whether the claim for eviction can be granted depends on all the circumstances, the defense of your tenant and her willingness (and ability) to pay the rent arrears.