Consequences of Termination of Rental Agreement: Eviction and Compensation

Following a successful termination claim under Article 7:231 of the Dutch Civil Code (BW), immediate consequences take effect. The rental agreement is terminated retroactively, but the tenant remains liable for rent until actual eviction. Crucial is Article 7:268 BW, which requires a separate eviction procedure.

Eviction Procedure

The landlord must order eviction through a bailiff. In case of resistance, the court may intervene. Urgent eviction is possible in hazardous situations but requires expedited proceedings. Tenants risk enforcement measures and fines for non-compliance.

Financial Repercussions

The landlord may recover arrears, damages, and costs. Tenants must settle outstanding amounts, including legal costs. In cases of gross negligence, the court may order mitigation. Landlords may lose rental protection in case of repeated violations.

Practical example: In case of three months' rent arrears, termination and eviction often follow within weeks, with a claim for double rent as compensation.