Eviction of Rental Property in Amsterdam Due to Tenant Default

{"header":"Eviction of Rental Property in Amsterdam Due to Tenant Default","introduction":"In Amsterdam, landlords may terminate a lease due to tenant default, such as consistently late rent payments or damage to properties in busy neighborhoods like the Jordaan or Oost. Under Article 7:231 of the Dutch Civil Code (BW), a formal notice of default is first required.","procedure":[{"step":"1. Formal Notice (Ingebrekestelling)","details":"Send a formal demand letter with a 14-day payment term, specifically referencing Amsterdam’s rental market regulations. If the tenant fails to pay, proceed with a summons via the subdistrict court (kantonrechter) in Amsterdam-North, South, or Center."},{"step":"2. Judicial Review","details":"The court assesses reasonableness and fairness; a one-time delay is rarely sufficient, particularly given Amsterdam’s high rents. Provide evidence such as bank statements or iDEAL payment receipts (tikkies)."},{"step":"3. Expedited Eviction for Severe Violations","details":"In cases of drug-related activities, noise nuisance, or illegal subletting—common in areas like De Pijp or Bijlmer—faster eviction may be pursued under Article 7:268 BW. The Amsterdam-Amstelland police intervene in cases of immediate danger, such as reports via 0900-8844."},{"step":"4. Court Procedure in Amsterdam","details":["Court fee (griffierecht): €85.","Digital access to case files via Rechtspraak.nl.","If granted, eviction is carried out by a bailiff (costs borne by the tenant).","Tenants may defend themselves with proof of payment or by appealing to the Amsterdam Tenants’ Association (Huurteam Amsterdam)."]},{"step":"5. Additional Measures","details":["Request rental history from the Owners’ Association (VvE) or Parool archives.","Prevention: Screen new tenants via Waarderborg or BKR checks, while adhering to Amsterdam’s anti-discrimination regulations.","Judges may exercise leniency in cases of COVID-19-related delays or property tax (WOZ) objections.","Landlords risk damage claims if the summons is unjustified."]}],"recommendations":{"forLandlords":["Use local real estate agents like VB&T for debt collection.","Upon successful eviction, re-rent immediately via Funda Amsterdam."],"forTenants":["Pay rent via iDEAL for traceable evidence.","Verify rent prices using the Rent Price Check (Huurprijscheck)."],"legalSupport":"The Amsterdam Legal Counter (Juridisch Loket, with locations on Haarlemmerdijk) provides advice to both parties."},"conclusion":"Protect your real estate investment in the capital by following these steps."}