Zaostale najamnine u Nizozemskoj: pravne mogućnosti za stanodavce

Rent arrears do not allow a landlord to end the lease, change the locks or remove the tenant’s belongings. Under Article 7:231(1) of the Dutch Civil Code (BW) a lease of a building, whether a home or business premises, can only be dissolved for non-payment by the court; the exceptions are narrow, such as a closure of the premises by the mayor for public-order reasons.

The route is therefore fixed: a written reminder and demand, a payment arrangement if possible, and otherwise proceedings for payment, dissolution and eviction before the subdistrict court (kantonrechter). In practice courts usually treat arrears of about three months’ rent as serious enough to justify dissolution, but they also weigh the tenant’s circumstances.

When is the tenant in default?

Rent is usually due on a fixed date. Under Article 6:83(a) BW a debtor who does not pay by an agreed deadline is in default (verzuim) without a separate notice. From that moment statutory interest (wettelijke rente) runs on the unpaid amount (Article 6:119 BW).

Collection costs are subject to an extra step when the tenant is a private individual. Under Article 6:96(6) BW those costs are only owed after a reminder giving the tenant 14 days to pay and stating the costs that will be charged if payment does not follow. For a business tenant this 14-day letter is not required, although the lease often regulates costs.

What should you do at the first missed payment?

Contact the tenant immediately in writing, state the amount and the due date, and ask for the reason. Many delays come from an oversight or a temporary problem; a written trail from the first missed payment strengthens your position later.

If the tenant has financial difficulties, offer a payment arrangement in writing with fixed amounts and dates. A court will look at whether the landlord gave the tenant a reasonable chance to pay. Also check your lease for clauses on late payment, penalties and default; towards a consumer tenant, unreasonable penalty clauses can be annulled under the rules on general terms (Articles 6:233 to 6:237 BW).

How do you start legal proceedings?

If the arrears are not paid, the landlord can issue a writ of summons before the subdistrict court, which handles all rental cases regardless of the amount (Article 93 of the Dutch Code of Civil Procedure, Rv). The claim usually combines payment of the arrears, dissolution of the lease and eviction. Disputes about rent arrears are not dealt with by the Rent Tribunal (Huurcommissie).

Submit the lease, the payment overview, the reminders and any rejected payment arrangement. If the court grants dissolution and eviction, the judgment sets a date by which the tenant must leave. If the tenant stays, a bailiff (gerechtsdeurwaarder) can carry out the eviction on the basis of the judgment. Our article on deložacija u Nizozemskoj explains that step.

How does the court decide on dissolution?

Dissolution is possible for any failure to perform, unless the failure, given its special nature or minor importance, does not justify dissolution (Article 6:265 BW). With rent arrears courts look at the amount and duration of the arrears, whether there is a history of late payment, whether payment has since been made, and the consequences of eviction for the tenant and any children.

How can you prevent arrears?

Screening before the lease is signed reduces risk: check income and employment, and ask a previous landlord for a reference with the applicant’s consent. Collect only the data you need under the General Data Protection Regulation (GDPR), and do not select on grounds that are prohibited by equal treatment law.

Agree clear payment instructions and a due date, and consider a direct debit. A deposit gives some security; for residential leases it may not exceed twice the basic monthly rent (Article 7:261b BW).

Što biste trebali provjeriti kao najmodavac?

• Whether the lease states a fixed due date for the rent.
• Whether you sent a written reminder from the first missed payment.
• Whether, for a private tenant, your collection letter gives 14 days and states the costs (Article 6:96(6) BW).
• Whether you offered a payment arrangement in writing.
• Whether the arrears are serious enough to justify dissolution, usually about three months.

Što biste trebali provjeriti kao najmoprimac?

• Whether the amount claimed is correct, including interest and collection costs.
• Whether you received a valid 14-day letter before collection costs were charged.
• Whether you can propose a realistic payment arrangement in writing.
• Whether the landlord has unresolved defects you have reported, which may be relevant in proceedings.
• Whether you have responded to a writ of summons before the hearing date.

What can we do for you with rent arrears?

Naši odvjetnici za najamnine assist landlords and tenants:

• We draft the reminder and the 14-day collection letter.
• We draft and negotiate a written payment arrangement.
• We prepare the writ of summons for payment, dissolution and eviction before the subdistrict court.
• We instruct the bailiff to enforce the judgment.
• We review leases and screening procedures to reduce future arrears.

Rezime

• A lease of a home or business premises can only be dissolved for arrears by the court (Article 7:231 BW).
• A tenant who misses a fixed due date is in default and owes statutory interest.
• Collection costs from a private tenant require a 14-day letter first.
• The subdistrict court decides all rental cases, regardless of the amount.
• Courts usually require around three months of arrears and weigh the tenant’s circumstances.

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