Rent Arrears as Grounds for Termination

Rent arrears is a common ground for termination of the tenancy agreement (Article 6:262 BW in conjunction with 7:220). Landlords must first send a reminder with a 14-day payment period. If payment is not forthcoming, a summons follows before the subdistrict court. The judge assesses whether the arrears amount to at least 3 months' rent or are urgent. Tenants can defend themselves by invoking payment incapacity due to corona or unemployment, upon which the judge may impose a payment arrangement instead of termination. Evidence is essential: bank statements and reminders. In 2023, the District Court of Amsterdam ruled that seasonal arrears do not justify termination without warning. Tenants are entitled to rent allowance advice via the Tax Authorities. Landlords risk annulment of the judgment if they adopt an unreasonable stance. Alternative: amicable settlement via the Rent Tribunal. Consequences of termination: immediate rent claim plus 1 month's vacancy damage. Prevent escalation by communicating in a timely manner. This article outlines the thresholds and strategies for both parties. (197 words)