Role of the Tenant in the Termination Procedure: Defense and Protection

In the rental agreement termination procedure, the tenant has significant rights to defend against a landlord's claim. Pursuant to Article 7:231 of the Dutch Civil Code (BW), the tenant may demonstrate that the breach is not sufficiently serious or that it has been remedied. A commonly used defense is offering security for payment, such as a guarantee.

Defense Options

The tenant may propose payment arrangements or settle arrears during the procedure. Courts assess whether the tenant can 'reasonably' be expected to comply with their obligations. In urgent matters, such as nuisance, the court may order interim relief, but the tenant is often allowed to remain in the property until the judgment.

Protection Against Eviction

Termination does not automatically lead to eviction; this requires a separate procedure under Article 7:268 BW. Tenants are entitled to a fair hearing. For social housing, additional safeguards apply through the Rent Tribunal. Advice: engage a tenancy law solicitor immediately to invoke the nullity of the claim.

In practice, many defenses succeed, particularly if the tenant demonstrates willingness to cooperate. This strengthens the position of vulnerable tenants.