Moratorium request for rent arrears: this is how to protect yourself and prevent greater damage

A moratorium is a temporary legal stop to collection measures. In the case of rent arrears, this is found in Article 287b Bankruptcy Law. It usually involves situations where eviction is imminent.

With a moratorium, a tenant or the municipality asks the court for a cooling-off period. During this period, a landlord is temporarily prohibited from taking certain steps. Think eviction or new garnishments.

The idea behind this is clear: to prevent someone from ending up on the street unnecessarily while there is the prospect of a debt settlement. The law is in line with the Municipal Debt Relief Act, in which municipalities have a duty to help residents with problematic debts.

Important to know: a moratorium is not a default right. The judge critically evaluates each request and takes a step-by-step look at whether the tenant truly qualifies for protection.

A moratorium petition is filed with the court. This can be done in two ways:

• By the tenant themselves: often with help from debt relief or a lawyer
• By the Board of Mayor and Aldermen: if the municipality is actively involved in debt assistance

There should almost always already be a concrete eviction date. The court can then impose a cooling-off period as a temporary measure. That period lasts up to six months.

During those months, the tenant is given airtime to work with debt relief to establish a stable arrangement. At the same time, the judge expects the tenant to do everything possible to avoid new debts.

Are you a landlord and already in debt collection proceedings? Then a moratorium can temporarily block that trajectory. That is why it is important that you have your claim in tight order and take timely steps, for example through rent collection or an amicable collection process.

If the court grants a moratorium, a strict cooling-off period applies. Based on the Bankruptcy Code and debt relief rules, the following broadly applies then:

• No eviction: A judgment of eviction may temporarily not be executed
• No new garnishments: No new attachments may be made for old debts
• Collection stop on old rent arrears: Ongoing collection measures on existing rent arrears are paused

Note that this protection applies to debts that already existed before the moratorium was declared. It does not include new debts.

For landlords, a moratorium often feels like an interference with their rights. After all, you have a judgment, rent arrears, and yet you are temporarily prohibited from evicting. Therefore, the law requires the judge to properly justify each case and weigh the interests of both parties.

Want to know how this relates to attachment and foreclosure in your case? If so, a combination with court proceedings or follow-up measures may be necessary when the moratorium expires.

A moratorium is not granted automatically. The judge always makes a balancing of interests. In recent rulings in 2025 and 2026, you keep seeing the same questions:

• What is the tenant's interest? With the help of debt assistance, can the tenant really work towards a solution and thus prevent homelessness?
• What is the landlord's interest? How big is the arrears, and will the landlord's damages increase further if eviction is delayed?
• Is the tenant acting in good faith? Did the tenant act honestly, share information and cooperate with help?
• Is there any prospect of a settlement? Are municipal or debt relief services active and is there a real prospect of a debt settlement?

Because Article 287b Bankruptcy Code itself lists few concrete criteria, the court often follows the requirements of Article 287(4), meaning that there must be a real prospect of resolution. Thus, merely filing a request to stall for time does not work.

Are you a landlord and in doubt whether your tenant's request is accurate or complete? Then it is wise to put up a legal defense and put your side of the story clearly.

A moratorium is not an exemption from rent. The main condition for keeping the protection is that the tenant always pays the new rent installments on time from the time of the moratorium.

If this does not happen, the basis of the balancing of interests falls away. The landlord can then ask the court to terminate the moratorium in the interim. In practice, this is what happens. At that point, the landlord's rights revive and the eviction can often still proceed.

For tenants, this means: use the cooling-off period well. Work with debt counseling, communicate openly and make sure the current rent is at the top of your list.

For landlords, this means: keep a close eye on payments. If current rent is not coming in or is coming in late, it is important that you take quick and substantiated action.

The idea behind the moratorium is social: to prevent people from ending up on the streets unnecessarily due to debt. At the same time, the law also guards the landlord's rights. Therefore, there are clear limits:

• No protection for new debts: Anything that arises after the judgment is outside the moratorium
• Temporary nature: The moratorium lasts up to six months and is intended as a stepping stone to a debt settlement, not a final solution
• Control by the judge: The judge can set conditions and terminate the moratorium earlier if the agreements are not met
• Landlord's rights remain: The claim does not disappear, performance is only temporarily halted

After the cooling-off period ends, there are two main scenarios:

• There is a working arrangement and the backlog is being cleared step by step
• There is no structural solution and the landlord resumes the collection process, possibly with eviction

In the latter situation, it is important that your file is legally correct. Think about correct terms, proper WIK letter, correct calculation of collection costs and a clear overview of payments.

With rent arrears and a possible moratorium, debt collection, rent law and debt relief come together. That makes these cases complex. We help you maintain an overview and grip.

For landlords, our capabilities include the following:

• Early detection: We help you detect rent arrears early and initiate a friendly but clear collection process in good time. This often prevents escalation to eviction or a moratorium request.
• Legal defense: If you are faced with a moratorium request, we review whether all conditions are met. We help you file a defense in court if necessary.
• Monitoring during the cooling-off period: We monitor with you whether the tenant continues to pay the current rent properly. If things still go wrong, then you know exactly when you can request a termination of the moratorium.

Do you work a lot with tenants and want a structural approach to arrears? Then you can combine our approach with rent collection and a clear collection process that suits your organization.