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niek.vandergraaf@russell.nl +31 20 301 55 55A tenant who fails to pay their rent can put a landlord in a difficult situation. If the rent arrears mount up, the landlord may ultimately ask the court to terminate the tenancy agreement and have the property vacated. However, rent arrears do not automatically mean that an order of eviction will be granted.
In this blog, we outline the key steps landlords must take before they can go to court.
Rent arrears constitute a breach of contract by the tenant. Under the Dutch Civil Code, any breach of contract in principle provides grounds for terminating a tenancy agreement, unless the breach, due to its special nature or minor significance, does not justify termination and its consequences. This is known as the ‘unless clause’.
In the ‘Unless’ judgment of 28 September 2018, the Supreme Court ruled that, when assessing a claim for termination, all the circumstances of the case must be taken into account. When assessing a claim for termination and eviction, the focus is therefore not solely on the amount of rent arrears. Other circumstances may also be relevant, such as the tenant’s housing needs.
In September 2026, the new Recommendation on Rent Arrears and Termination and Eviction was published by the Tenancy Law Expert Group of the Dutch judiciary. This recommendation provides magistrates with guidance for assessing tenancy disputes. The recommendation states, for example, that a payment arrears of, in principle, three months is sufficient grounds for termination. In the event of repeated non-payment, a two-month arrears period is sufficient if the tenant has previously been ordered to pay rent arrears less than a year before the hearing.
But that is not the end of the matter. The landlord must also be able to demonstrate that they have fulfilled their obligations regarding early warning and debt counselling under the Municipal Debt Counselling Decree. In addition – and this is new – if there are minor children living in the property, information must be provided about their situation and the options for alternative accommodation.
It is therefore important for landlords not to wait until they have issued a summons to consider the requirements for initiating proceedings. A careful approach begins as soon as the first rent payment is missed.
A landlord would therefore be well advised to follow the steps below in the event of rent arrears before taking the matter to court.
The first step is self-evident, but also legally important: ensure it is clear which rent instalments have remained unpaid and how much the total rent arrears amount to.
Draw up a summary of:
A clear and up-to-date breakdown of the rent arrears is important not only for debt recovery but also for any legal proceedings.
In the event of rent arrears, a landlord must make every effort to contact the tenant personally. The aim of this is not only to secure payment, but also to investigate whether there are any payment difficulties and to advise the tenant on ways to prevent or resolve the arrears.
Document the attempts made to establish contact. For example, keep relevant emails, letters, screenshots of app messages, and other correspondence.
The landlord must inform the tenant of the options available for debt advice. The landlord may do this at the same time as step 2 or 4. It is important that the landlord not only demands payment but also informs the tenant about the possibility of obtaining help with payment difficulties.
The tenant must be reminded of the rent arrears in writing at least once. This letter must clearly inform the tenant of the rent arrears and the options available for obtaining help. The landlord must also offer to pass on the tenant’s contact details to the local authority, subject to the tenant’s written consent.
It is advisable to draft this letter carefully and keep a copy. After all, in any subsequent legal proceedings, the landlord must be able to demonstrate that the information requirements have been met.
If the tenant does not object to the proposal to share their contact details with the local authority, the landlord must report the rent arrears and the contact details to the local authority. The local authority may then decide to initiate a debt counselling process.
The obligations set out in steps 2–5 stem from the Municipal Debt Assistance Decree and are of great importance in any proceedings for termination of the tenancy and eviction. The new recommendation from the Tenancy Law Expert Group explicitly states that the landlord must demonstrate in the summons that the information and reporting obligations under the Decree have been met.
It is therefore necessary to keep proper records of the notification.
Please note: if there are several known tenants, they must all be notified in writing. This is a new obligation.
Since the Supreme Court’s judgment of 28 November 2025, the interests of any minor children residing in the property must be taken into account as a ‘primary consideration’ when assessing a claim for termination of the tenancy and eviction. The landlord must therefore include information on this in the summons.
This means that, when preparing for legal proceedings, a landlord must ascertain whether any minor children are living in the let property. If this is the case, the landlord must also gather information about the options for alternative accommodation for the tenant and his or her family.
If it is not known whether children live in the property, the landlord must be able to explain what efforts have been made to find this out. This information must also be included in the summons. If this information is missing, the court may, for example, decide to set a longer timeframe for the eviction.
Serve the tenant with a summons and include in the summons the evidence that the previous steps have been completed.
Even if the landlord has carefully followed all the steps and the tenant is three months in arrears, this does not automatically mean that the court will grant termination and eviction. For example, during proceedings there may be grounds to grant the tenant an additional payment period, known as a ‘terme de grâce’. The court may also apply a tailored approach, for example by ordering a conditional termination.
The recommendations of the Tenancy Law Expert Group are not binding. They provide guidance for the assessment, but the judge must always take into account all the circumstances of the individual case.
Failure to comply with the information and notification obligations does not mean that a landlord automatically loses their right to claim termination and eviction. However, the court may take non-compliance with these obligations into account when assessing the ‘unless’ provision of the Dutch Civil Code.
The recommendation expressly states that the court may attach such consequences as it deems appropriate. This may include rejecting the claim for termination and eviction. A landlord would therefore be well advised not to regard these obligations as a mere formality. A carefully compiled file can make all the difference in legal proceedings.
Do you have any questions or would you like advice regarding a tenant who is not paying rent? Or do you have any other questions about real estate and tenancy law? Please feel free to contact one of our solicitors. We would be happy to assist you:
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