Role of the Judge in Terminating a Rental Agreement

The judge plays a crucial role in the termination of a tenancy agreement, regulated in Book 7 of the Dutch Civil Code (BW). A landlord or tenant must file a summons with the district court (kantonrechter), which assesses whether there is a compelling reason, such as non-payment or serious mismanagement. The procedure starts with a hearing where both parties explain their positions, supported by evidence such as payment receipts or inspection reports. The judge weighs the interests: does he protect the weaker tenant or the landlord's property right? An interlocutory judgment may propose mediation; otherwise, termination follows with an eviction period. Objection is possible via appeal within 4 weeks. Costs: court fee approximately €85, plus lawyer. Recent case law from the Supreme Court emphasizes that termination is disproportionate in cases of temporary payment problems; payment arrangements are often prescribed. Tenants can involve the Rent Tribunal (Huurcommissie) for interim measures. Prepare with complete documentation to win your case. This procedure ensures a fair balancing of rights. (202 words)