Landlord vs. Tenant in Delft: Eviction without Breach of Home Peace
In Delft, with its vibrant student population and historic rental properties around TU Delft and the city center, a landlord may evict for rent arrears, but never breach home peace themselves. Strict rules via bailiff and district court prevent self-help and protect vulnerable tenants in the city.
Steps for Eviction in Delft
- Repeated reminders for rent arrears, ideally via the Delft Rent Team for advice.
- Summons to the district court in The Hague (competent for Delft).
- Summary proceedings: direct eviction order for quick handling.
- Bailiff with police: the only legal 'entry', often coordinated with local neighborhood teams.
What is Not Allowed in Delft
- Replacing locks yourself, even not in student housing.
- Putting belongings on the street, which is extra problematic in the narrow canal neighborhood.
- Disconnecting utilities, despite congestion in older Delft properties.
Article 7:231 of the Dutch Civil Code prohibits landlords from self-help. Violation is punishable as breach of home peace, with possible damage claims via the District Court of The Hague. The Delft Rent Team reports that tenants may suspend rent in case of illegal eviction. In 2023, the District Court of The Hague dismissed 45% of misconduct claims in the Delft region due to procedural errors, often with private landlords.
Tenants in Delft: pay on time and contact the Rent Team. Landlords: follow the law and consult the municipality. This way you avoid lawsuits and keep Delft livable.