Tenant eviction procedure

Deportation procedure

A tenant can often terminate the lease agreement in a relatively simple manner. In doing so, the tenant must, of course, observe the notice period. Furthermore, termination must be in writing. For a landlord, it is often less easy to terminate a lease agreement. This is because certain requirements often apply, stemming from the law, applicable general provisions, or the lease agreement itself. The applicable requirements differ per type of real estate. For instance, the lease may concern residential space (Article 7:232 of the Dutch Civil Code), commercial premises for small and medium-sized enterprises (Article 7:290 of the Dutch Civil
Code), and other built real estate (Article 7:230a of the Dutch Civil Code). Regarding the latter, consider office space, for example.

When renting out these different types of real estate, a different regime also applies regarding the eviction of the property. It is always advisable to seek legal advice when terminating a lease agreement. This can help prevent a (potential) legal conflict.

Questions regarding the eviction procedure for a tenant? Contact us.

Termination, dissolution, and eviction: three different steps

In practice, the terms are often confused, even though they are legally distinct. Termination ends the lease agreement pursuant to the law or the contract, subject to a notice period. Dissolution ends the lease agreement due to a breach of contract by the tenant and, pursuant to Article 7:231 of the Dutch Civil Code (BW), is in principle conducted exclusively through the courts; therefore, for residential and commercial premises, the landlord may not dissolve the agreement extrajudicially themselves. eviction is the actual expulsion: the tenant leaves the premises. A successful eviction procedure almost always requires both a title for termination (dissolution or termination) and an eviction order from the court. Our lawyers and in-house counsel determine, on a case-by-case basis, which route leads to the desired result fastest and with the least litigation risk.

Grounds for eviction of a tenant

The court can only dissolve the lease agreement and order the tenant to vacate the premises if there is a breach that justifies dissolution (Article 6:265 of the Dutch Civil Code). The most common grounds are:

• Rent arrears. For residential properties, the rule of thumb is that arrears of three or more months justify termination. In the case of previous convictions or persistent late payments, even smaller arrears may suffice.
• Serious or structural nuisance. Noise nuisance, pollution, or intimidation of local residents may constitute grounds for dissolution. The judge weighs the nature, severity, and frequency; a well-documented file (complaints, police records, reports) is decisive.
• Prohibited use of the leased property. This includes cannabis cultivation, other illegal practices, or subletting in violation of the lease agreement.
• Other breach of contract. For example, withdrawal from the intended use, damage to the real estate or failure to fulfill material contractual obligations.

Pursuant to the 'unless' provision in Article 6:265 of the Dutch Civil Code, the court may refrain from dissolution if the breach, given its particular nature or minor significance, does not justify dissolution. Careful substantiation of the seriousness of the breach is therefore essential.

The deportation procedure step by step

An eviction procedure rarely begins with a court appearance. We typically follow the following steps:

1. Notice of default and formal demand. The tenant is given a written opportunity to remedy the deficiency within a reasonable period, for example by paying the rent arrears. This often resolves the problem.
2. Summons. If rectification does not occur, the lawyer draws up a summons which the bailiff serves on the tenant. In it, we claim dissolution, eviction, and payment of arrears with interest and costs.
3. Hearing by the sub-district court judge. Tenancy cases are heard by the sub-district court judge, where legal assistance by a lawyer is not mandatory but is advisable in practice. In urgent cases, we opt for summary proceedings.
4. Judgment and eviction order. If the judge grants the claim, the judgment sets an eviction period. If no period is specified, the statutory period of a few days after service of the judgment applies.
5. Forced eviction. If the tenant does not cooperate, the bailiff will carry out the eviction, if necessary with a locksmith, a moving company, and assistance from the police.

Summary proceedings or main proceedings?

For a landlord, every month often counts: as long as the proceedings are ongoing, the tenant usually remains in the property while rent is not received, or not received in full. The fastest route is an eviction in summary proceedings. This succeeds if it is sufficiently plausible that the claim would also be granted in main proceedings and there is an urgent interest — for example, in the case of substantial, accumulating rent arrears or acute nuisance. If the case is too legally or factually complex, main proceedings necessary, which take longer but lead to a final judgment. We realistically assess in advance which route is feasible, so that you do not unnecessarily lose time and costs on hopeless summary proceedings.

Difference by type of real estate

The eviction regime varies significantly by type of real estate, and this directly relates to broader real estate:

• Residential accommodation (Article 7:232 of the Dutch Civil Code). The tenant enjoys strong tenancy protection. Pursuant to Article 7:280 of the Dutch Civil Code, the court may grant a final grace period of up to one month in the event of payment arrears (terme de grace) before the agreement is dissolved.
• Commercial premises for small and medium-sized enterprises (Article 7:290 of the Dutch Civil Code). Examples include shops and the hospitality industry. Specific grounds for termination and a separate protection regime apply here; dissolution due to breach of contract is handled by the court.
• Other business premises / 230a premises (Article 7:230a of the Dutch Civil Code). Examples include office and storage space. After the end of the lease, the tenant may request eviction protection within two months, allowing the eviction to be postponed for a maximum of one year (renewable each time).

Vigilantism is prohibited

No matter how great the frustration, a landlord may never evict a tenant, replace locks, or remove belongings without a court order. This is prohibited vigilantism and can quickly result in a claim for damages and a weaker legal position for the landlord. Eviction proceeds exclusively through the court and the bailiff. Precisely for this reason, it is wise to structure the legal proceedings properly from the very first formal notice.

Our approach: from international corporation to the baker on the corner

MKB Juristen works with mixed teams of lawyers and (in-house) legal counsel. As a result, we combine litigation expertise in court with practical, commercial advice. Whether you are a real estate fund or housing corporation with a substantial portfolio, or an entrepreneur renting out a single property to a defaulting tenant — we guide you through the entire eviction procedure: from notice of default and negotiation to summary proceedings, main proceedings, and the actual eviction. Questions about a tenant's eviction procedure? Please contact us.

Frequently asked questions about the deportation procedure

As a landlord, am I allowed to evict the tenant myself?

No. Evicting a tenant yourself or replacing the locks without a court order is prohibited vigilantism. Eviction is only possible following an eviction order from the judge, which is executed by a bailiff.

How much rent arrears is required for eviction?

For residential properties, the rule of thumb is an arrears of three or more months. In the case of persistent late payments or a previous conviction, even a smaller arrears may be sufficient grounds for dissolution and eviction.

How long does a deportation procedure take?

That depends on the route. Summary proceedings can lead to a judgment within a few weeks; main proceedings typically take several months. The actual eviction follows after the expiration of the period specified in the judgment.