Rent Arrears: Procedure and Steps in Delft
**Rent arrears** arise when a tenant does not pay the rent on time. In Delft, the landlord is required to send a **payment term** before taking further action, pursuant to the **Rent Act** and **Civil Code (CC)**. Follow the correct steps to avoid legal problems. For Delft, this falls under the District Court of The Hague (district) and you can go to the Juridisch Loket Delft for free advice.
This article describes the procedure for rent arrears in Delft, your **rights and obligations**, and practical steps. Including answers to frequently asked questions and local resources.
What is rent arrears?
**Rent arrears** means not paying rent or service charges such as service or energy costs. Pursuant to the **Rent Act (art. 7:200 CC)**, rent must be paid on the agreed date. Even one day of arrears counts, but action is often only taken after a month. The landlord must first give a **payment term**.
Legal basis in Delft
Key rules:
- Rent Act (art. 7:200 CC): Payment of rent and procedure in case of arrears.
- CC (art. 7:220 and 7:221): **Payment term** and **payment plan**.
- Rent Allowance Act: Additional rules in case of allowance.
- Debt Restructuring (WSNP): Option in case of unaffordable arrears.
- Local: District Court of The Hague handles cases in Delft. Address: Prins Clauslaan 85, 2595 BK The Hague. Juridisch Loket Delft: Rotterdamseweg 100, 2629 BC Delft (tel: 0900-8020).
Steps in case of rent arrears in Delft
Both tenant and landlord follow specific steps. In case of disputes: consult Juridisch Loket Delft or start procedure at District Court of The Hague.
For landlords: step-by-step plan
First send a **payment term** (minimum 14 days, art. 7:220 CC):
- Send payment term: Registered letter with amount and deadline (min. 14 days).
- Propose payment plan: Written agreement on installment payments.
- Termination of lease agreement: In case of non-payment, termination letter with end date (min. 1 month).
- Lawsuit: Summary proceedings or summons at District Court of The Hague if tenant does not leave.
Prohibited: Locking yourself or removing belongings without a court order.
For tenants: what to do?
Do not ignore the payment term. Contact the landlord for a **payment arrangement**. In case of financial problems:
- Check rent allowance via toeslagen.nl.
- Visit Juridisch Loket Delft for free help.
- Apply for debt counseling at the municipality of Delft.
- Consider WSNP application.
Procedure at District Court of The Hague
In case of unresolved arrears, the landlord summons via District Court of The Hague. Tenant can defend. Judgment leads to eviction with bailiff assistance.
Prevention and help in Delft
- Juridisch Loket Delft: Free advice, make an appointment via 0900-8020.
- Municipality of Delft: Rent team and debt help (014-2018888).
- Rent Tribunal: Mediation for service costs.
Frequently asked questions
Can landlord evict just like that? No, only via court.
Rent allowance and arrears? Allowance can go directly to landlord.
What does a procedure cost? Court fee approx. €85 (sub-district court).