Eviction due to breach of contract (Article 7:231 of the Dutch Civil Code) in Delft always requires judicial review by the subdistrict court in The Hague, which serves the Delft region. Grounds for eviction include: rent arrears (minimum of 3 months), serious nuisance such as neighbor disputes in student housing on the TU Delft campus, or illegal use of properties in the historic city center.
Procedure:
- Summons served by a bailiff;
- Hearing before the subdistrict court;
- Possible imposition of a penalty payment.
Tenants in Delft can defend themselves with proof of payment, arguments related to informal care (Article 7:274 of the Dutch Civil Code), or by referring to local tenant support teams. During the COVID-19 pandemic, a temporary deferral arrangement was in place, which was particularly relevant for many young tenants around the university.
A first warning is mandatory to ensure reasonableness, especially for reports made via Delft neighborhood teams. Examples include noise nuisance documented in a police report by the Delft-IJsselstein police, which is common during parties in neighborhoods such as Poptahof.
Urgent eviction is only permitted in cases of immediate danger (Article 7:236 of the Dutch Civil Code), such as fire hazards in old monumental buildings. Tenants are not allowed to change locks themselves.
Costs:
- Court fees: €85;
- Bailiff fees.
Alternatives: Mediation via Huurteam Delft or Woonbron, which are active in the region.
The recent Good Landlordship Act (2023) obliges landlords, including housing corporations in Delft, to screen and warn tenants. For expat rentals around TU Delft, shorter deadlines may apply, but basic protection remains in place.
Tips:
- Tenants can arrange arrears through a payment plan with SchuldHulpMaatje Delft;
- Landlords should document reports with neighborhood management.
After eviction, a damage claim may be possible via the Council of State. This balance safeguards property rights and the right to enjoyment of the home in Delft’s rental market.
For free advice, contact the Legal Counter Delft (Piet de Witstraat) or Huurpunt Delft. Prevent escalation through dialogue via local neighborhood mediation.