Eviction Protection for Tenants in Case of Breach of Contract

Eviction due to breach of contract (Article 7:231 of the Dutch Civil Code) requires judicial review. Grounds for eviction include: rent arrears (minimum of 3 months), serious nuisance, or illegal use of the property. The procedure involves: a summons, a hearing before the subdistrict court, and the possibility of a penalty payment. Tenants have the right to defend themselves, for example, by providing proof of payment or invoking caregiving responsibilities (Article 7:274). During the COVID-19 pandemic, a temporary arrangement for deferral was in place. A first warning is mandatory to ensure reasonableness. Examples include noise nuisance documented in a police report. Urgent eviction is only permitted in cases of danger (Article 7:236). Tenants are not allowed to change locks themselves. Costs include court fees (€85) and bailiff expenses. Alternative: mediation via a Rent Team. The recent Good Landlordship Act (2023) obliges landlords to screen tenants and issue warnings. For expat rentals, shorter notice periods may apply, but basic protection remains in place. Tips: Tenants can resolve arrears through a payment plan; landlords should document all complaints. After eviction, a damage claim may be possible. This ensures a balance between property rights and the right to housing. Seek legal advice from the Legal Services Counter for free assistance. Prevent escalation through dialogue.