Eviction Proceedings

The Monopoly of the Court

In the Netherlands, a landlord has no right to 'self-help' eviction. They cannot change the locks, remove a tenant's belongings, or cut off their utilities to force them out, regardless of what the tenant has done. The only legal way to evict a tenant who refuses to leave is by obtaining an ontruimingsvonnis (eviction judgment) from a court. This judicial oversight ensures that a tenant's fundamental right to housing is not taken away without due process. The landlord must present a valid legal reason for terminating the lease, and the court must agree.

The 'Kort Geding': A Summary Process

The most common reason for eviction is significant rent arrears (huurachterstand). When a tenant has fallen behind on rent—typically for a period of three months or more—the landlord can initiate a kort geding (summary proceeding). This is a fast-track legal procedure designed for urgent cases where a quick decision is needed. The landlord asks the court for two things: an order for the tenant to pay the arrears, and a judgment authorizing the eviction. The tenant has the right to appear in court and present a defense (e.g., explaining the reason for the arrears and proposing a payment plan). However, if the arrears are substantial and undisputed, the court will almost always rule in the landlord's favor.

Once the landlord has the eviction judgment, they must have it officially served on the tenant by a court bailiff (gerechtsdeurwaarder). The tenant is then given a final deadline to vacate the property voluntarily. If they still refuse to leave, the bailiff can proceed with a forced eviction (gedwongen ontruiming), where they will physically remove the tenant and their belongings from the property, often with police assistance. The significant costs associated with the bailiff and the eviction process are charged to the tenant, adding to their existing debt.