Tenant Eviction: When Is It Permitted and How Does It Work?

A tenant who fails to pay, causes serious nuisance or uses the premises illegally – as a landlord you are not powerless. The law provides clear avenues to terminate a lease and evict a tenant. But self-help is prohibited: you always need the court.

When May You Evict a Tenant?

Eviction is the most severe sanction in tenancy law. The court will only grant an eviction where the tenant is in serious breach. In practice, there are four principal grounds for eviction:

• Rent arrears: The most common ground. Where arrears amount to three months or more, the court will almost invariably order eviction. However, eviction may also be sought for smaller arrears if the tenant consistently pays late.
• Serious nuisance: Noise disturbance, threats or intimidation of neighbours. The nuisance must be structural and well-documented – think of police reports, written complaints from neighbours and warnings from the landlord.
• Illegal use: A cannabis plantation, illegal subletting or use contrary to the designated purpose (for example, using a residence as commercial premises without permission).
• Urgent personal use: You need the premises for your own use, renovation or demolition. This ground applies only in the case of regular termination, not in interim injunction proceedings.

The Eviction Procedure Step by Step

A successful eviction requires a careful legal approach. A single procedural error can cause weeks of delay. This is the process we follow on your behalf:

1. Formal Notice and Default

First, we send a formal notice by registered letter. In this notice, we place the tenant in default and set a final deadline to remedy the breach – for example, to pay the outstanding rent or to cease the nuisance. This letter is essential: without a formal notice, the court may rule that the tenant was not given a sufficient opportunity to rectify the situation.

2. Writ of Summons: Interim Injunction or Main Proceedings

If the tenant fails to respond to the formal notice, we commence court proceedings. In urgent cases – for example, a cannabis plantation or serious nuisance – we opt for interim injunction proceedings. The preliminary relief judge hears the case within two to four weeks. In less urgent situations, such as accumulating rent arrears, proceedings on the merits may be more appropriate.

In the writ of summons, we claim termination of the lease, eviction of the premises and payment of the arrears together with interest and costs. As standard, we also seek authorisation to carry out the eviction with the assistance of the police if necessary.

3. The Judgment and the Eviction Period

If the court grants the claim, the tenant is typically given an eviction period of fourteen days. In exceptional circumstances – in cases of acute danger or illegal activities – the court may set a shorter period or even order eviction on the day of the judgment.

The judgment is served on the tenant by the bailiff. If the tenant does not vacate the premises voluntarily within the stipulated period, the physical eviction follows.

4. The Physical Eviction

The bailiff carries out the eviction, if necessary with the assistance of the police and a locksmith. The tenant's belongings are placed on the public road or put into storage. The costs are recovered from the tenant. As a landlord, you can change the locks and resume use of the premises immediately after the eviction.

Eviction of Squatters

Since 2010, squatting has been a criminal offence in the Netherlands. Nevertheless, it still occurs regularly, particularly in vacant commercial premises. In the case of squatting, the procedure is different: you can file a criminal complaint with the police, who may then carry out a criminal eviction. In addition, you can seek eviction through civil interim injunction proceedings. We always recommend pursuing both avenues simultaneously for the fastest result.

Costs of Eviction Proceedings

The costs of eviction proceedings comprise various components: lawyer's fees, court fees (ranging from approximately €135 to €700 depending on the type of proceedings), bailiff costs for serving the writ (€100–€150) and the actual eviction costs (€500–€2,000 depending on the scale). Following a successful judgment, a substantial portion of these costs can be recovered from the tenant. Mr. Vulto provides a clear estimate of the expected costs in advance.

Urgent Interest and Urgency

Interim injunction proceedings require an urgent interest. Where rent arrears amount to three months or more, urgency is generally assumed: the landlord is suffering ongoing financial loss. In cases of nuisance or illegal use, the safety of neighbours plays a role. We carefully build the case for urgency in the writ of summons, ensuring that the court schedules the hearing at short notice.

Why Kasteelmeester?

Mr. Vulto has extensive experience with eviction proceedings, both for landlords of residential and commercial properties. We know the pitfalls and ensure the procedure runs smoothly from the outset. From the initial formal notice to the physical eviction – you have one point of contact who handles the matter from start to finish.