Procedure for eviction rental property in 2023

A house clearance is not something that many Dutch people think about every day. Fortunately, this is also not necessary, but it is still something that is very unknown among people. A move, for example, is something that many people know a thing or two about. However, with a house clearance, this is a different story. In this article we would therefore like to explain to you what a house clearance exactly what it means and what the procedure is.

An eviction due to emigration. In this case, the tenant must deliver the home on a certain date and that is why many emigrating Dutch people often choose to have the home vacated immediately. Furthermore, it is of course also possible that couples get together or even get married. In this case there is duplicate contents. This usually involves removing contents from one home or sometimes even from both homes. Unfortunately, divorces also occur during marriages and in the event of a divorce, couples often choose to leave the home together. This way, neither of them will continue to live in the old home. In the case of a rental home, the tenant must of course hand over the home to the landlord or real estate agent as quickly as possible and in the case of an owner-occupied home, the home must be sold as quickly as possible. However, in both cases the house must be emptied as quickly as possible and the ex-partners often choose to have the house emptied by a professional. moving company to have it cleared.

Do you want to renovate your home and do you have a lot of things that you no longer want? Then of course you can always clear your home yourself. Are you moving and are you someone who is leaving the home and wants to have it cleared? Then this is of course also very possible. In this case, you as a tenant can terminate the rental agreement and hire a moving company to evacuate your home. However, there are also situations in which evacuating a home is not allowed.

Are you a landlord and do you want to evict the tenant? Then of course you can't just do this. After all, there is a rental agreement and dissolution of this is of course not just possible. This is also known as rent protection. This means that the landlord may not simply terminate the lease of a tenant.

For an eviction in which there is a rental contract, judicial permission is required at all times. This is also known as an eviction notice. This is of course also to protect the tenant because you can imagine that an eviction has far-reaching consequences for tenants. And that is why a judge determines what exactly may happen. In most cases they want to prevent an eviction. That is why, as a landlord, you may only proceed to legal proceedings if you have strictly followed a number of prescribed steps.

Consequences of eviction without the permission of the court

In practice, it sometimes happens that a landlord decides to evict without any permission from the court. This is not allowed by law and is therefore also called an unlawful eviction. In this case, the tenant can then claim compensation. The landlord must pay this compensation to the tenant. If not, a case will also be started for this and the legal costs will of course be recovered from the lessor.

Legal proceedings to vacate a rental property

If the tenant does not comply with the lease, consider, for example, rent arrears of at least three months or if, for example, there is serious nuisance, the landlord can go to court. A judge will not very quickly issue a claim for eviction.

Evacuate a house with a judgment

Clearing a rental home therefore means that the court must give permission. It is very important that the rental contract is terminated. It therefore almost always happens that the summons for eviction also always mentions the dissolution of the tenancy agreement.

How exactly does all this work?

Does the court decide in the judgment that the tenancy agreement may be dissolved? Will the tenant be ordered to leave the house so that the eviction can begin? Then, of course, this must also be done correctly.

Evicting after summary proceedings or proceedings on the merits?

As a tenant, the judge will not just evict you, of course, and if the judge has given permission, the tenant, as the defendant, is usually given the opportunity to voluntarily leave the house with all belongings within fourteen days after service of the judge's judgment. . When the tenant leaves the house, he must hand over the keys to the landlord. Don't you do this as a tenant? Then the bailiff will schedule a date for the landlord to start evicting. If the landlord encounters problems with the tenant and does not cooperate with the bailiff, the police will be called in.

How does evacuation in case of nuisance work?

A court order is also required in this case. The landlord cannot simply evict a tenant.

The actual eviction

If the house has to be emptied, the landlord must call in the bailiff for this. The landlord is not allowed to evict himself. The bailiff will therefore be present with the eviction notice when the house is vacated. This judgment is also the last chance for the tenant to vacate the rental property. Will this be refused by the tenant? Then the bailiff will also call in the police in this case to have the tenant removed from the house.

At first you may think that the costs for the eviction must be paid by the landlord himself, but nothing could be further from the truth. The landlord will be able to recover the costs from the tenant. The tenant must always pay for the house clearance. Also in the case of, for example, rent arrears.

Cleaning work at a house

As you have been able to read, you cannot just evacuate a house. Are you going to vacate the house yourself as a tenant or are you a landlord where the court has given permission to have the house evacuated? Then everyone can of course proceed to evacuate the house. Clearing a house does require the necessary work and it is often a very difficult job.

A house clearance is not just about emptying a house. It is the case that after an eviction a house usually delivered broom clean and this therefore requires the necessary work.

Not only all items must first be removed from the home, but also the floors, curtains and lamps, for example, must be removed. The house must be completely empty so that the repair work can begin. You can think of whitewashing the walls, filling holes in the walls or repairing damaged floors. After all this is over, the moving company can start with the cleaning work. You can think of a thorough cleaning of the kitchen, bathroom and toilets.

The costs of an eviction

Every eviction is different and therefore the costs for each eviction are different. That is why it is very difficult for a moving company to estimate the costs without any information from the landlord or tenant. This simply requires more information.

Do you want to vacate a rental property and do you want a price indication for this? Then it is best to request a quote for this. This way, all costs can be calculated precisely for you.

Do you want more than one? Compare moving companies? Would you like to first look at their services and the prices they charge? Then of course you can do the best moving quotes requests from various moving companies.

At Moving you can now arrange this with one application form. You can easily fill this in and when we receive the application, we will immediately send it to the 6 best moving companies in your region. They will then all contact you within 24 hours. This way you can ultimately choose it moving company that is the best suits your situation as a tenant and your budget.

Frequently Asked Questions

How long does an eviction procedure take?

This differs per case. The court procedure often takes at least a month, but the entire process can sometimes take up to six months.

How does an eviction work?

The bailiff will hand over the (eviction) judgment to the tenant and the tenant will be given 3 days to leave the house and to vacate it himself. Sometimes the tenant has even a little longer.

What is the correct order of evacuation?

This mainly depends on the condition of the house. First of all, space must always be made for the evacuators to work in. After this, the house can be emptied.

What to do in the event of imminent eviction?

In the event of imminent eviction, always try to agree on a payment arrangement so that you can pay your payment arrears.

How much rent arrears can you have?

Legally speaking, in the Netherlands you are allowed a maximum of 2 months rent arrears.