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A non-paying tenant: financial loss and a legal challenge. Strict tenant protection applies to residential tenancy (additional waiting periods, social supervision). For commercial premises: faster procedures are possible. Step-by-step plan: formal demand → collection procedure → termination of tenancy agreement → eviction via court. Duration: 3-12 months. Below: time limits, procedure, and when to initiate summary proceedings for eviction.
The short answer
- Steps: formal demand → collection → termination of lease agreement → eviction.
- Lead time: 3-12 months (residential property longer than commercial property).
- Difference in rent: living space has extra protection (tenant protection council, eviction protection).
- Summary proceedings: possible in case of urgency.
- Damages: rent arrears + eviction costs + penalty for non-payment.
Step 1: reminder
For the first rent arrears: written reminder by registered mail:
- Identification of tenant and property.
- Arrears (rent, service charges, inventory).
- Payment term (typically 14 days).
- Announcement of next steps in case of non-payment.
Send by email as well for speed. Half of defaulters respond after a reminder.
Step 2: collection procedure
If there is no response:
- Collection agency:specialized route for further reminders and out-of-court collection proceedings.
- Judicial debt collection: summons in court — claim for payment.
For a defaulter who can be reached: a payment arrangement is often an option. For a tenant who has moved out: legal proceedings are necessary.
Step 3: dissolution of lease agreement
In addition to claim for payment: dissolution of the lease agreement. For various types of tenancy:
Business premises (Art. 7:230a-c BW)
In the event of a serious breach (rent arrears of 3+ months): the judge may dissolve the lease agreement. The procedure is relatively short.
Living space (Art. 7:233-280 BW)
Stricter protection — social housing protection can hinder dissolution:
- The Rent Protection Council may provide advice.
- Social safety net in case of home loss.
- Longer procedure (6-12 months).
Step 4: Evacuation
In the event of a dissolved lease agreement and refusal of the tenant to vacate:
- Eviction order by the court.
- The bailiff carries out the eviction (typically 14 days after the judgment).
- Eviction protection of up to 3 months is possible for residential properties.
Eviction costs: €1,500-€5,000 (bailiff, mover, possibly locksmith). Upon eviction, finding replacement space for the tenant's belongings (residential space).
Summary proceedings for urgency
In serious situations (illegal activity, damage to the property, impending bankruptcy of the tenant): summary proceedings for immediate eviction within 4-8 weeks. Demonstrate an urgent need.
More feasible for business premises than residential space (no social protection).
What can you demand?
- Rent arrears + interest.
- Penalty for non-payment (if contractually agreed).
- Compensation for damage to the property.
- Termination of lease agreement.
- Evacuation.
- Litigation costs.
Lars's defaulting tenant
Lars rents out 2 commercial spaces — one tenant after 5 months:
- Months 1-2: reminders by registered mail.
- Month 3: collection agency engaged — partial payment.
- Months 4-5: no longer responding.
- Month 6: summons to court with claim for arrears + dissolution of lease agreement.
- Month 9: judgment — tenant convicted + dissolution + eviction within 14 days.
- Month 10: bailiff carries out eviction.
Total loss: 10 months' rent (€25,000) + legal costs €6,500. Partially recovered via court judgment if the tenant is recoverable.
Honest recommendation
At the first sign of non-payment: act quickly. Send a reminder within weeks, involve a collection agency by month 2, and proceed in court by months 3-4. For residential properties: engage a tenancy law expert with experience in social housing. For commercial properties: a shorter procedure is possible, potentially summary proceedings. Invest in a sound lease agreement with clear payment terms and penalty clauses — this prevents a lot of trouble.
For other topics: engaging a collection agency, summary proceedings and interruption of the statute of limitations.
Frequently Asked Questions
Demand letter by registered mail → collection agency if no response → legal proceedings for payment + termination of lease agreement → eviction via bailiff. Takes 3-12 months depending on the type of lease.
Commercial premises: faster procedure, no social protection, 3-6 months until eviction. Residential premises: extra protection (tenant protection council, social safety net), 6-12 months, eviction protection up to 3 months.
Via summons before the court — claim for dissolution due to serious breach (rent arrears of 3+ months). By judgment: lease agreement terminates, followed by eviction order.
In case of urgency (illegal activity, damage to property, impending bankruptcy of tenant): summary proceedings for immediate eviction within 4-8 weeks. More feasible for commercial premises than for residential premises.
Rent arrears + interest, contractual penalty for non-payment, damage to property, dissolution of lease agreement, eviction, and legal costs. All recoverable by summons.
A good rental agreement with clear payment terms, direct debit, a penalty clause for non-payment, and any security (bank guarantee, deposit). For residential property: a creditworthiness check in advance.
In the event of a court judgment: yes, but dependent on the tenant's recoverability. In the case of a vacated or insolvent tenant: often a write-off. Good risk management (security, direct debit) prevents major losses.
