When can you evict a tenant? The rules and legislation in 2026

Before you even think about eviction, there is one rule you should always remember: you should never evict a tenant yourself. So don't change locks, put belongings on the street or lock the tenant out. This is called willful eviction and can lead to high damage claims, even if the tenant is in serious arrears.

In the Netherlands, in practice, a lease can only safely end in two ways:

• Mutual agreement, recorded in a signed termination agreement
• A court judgment dissolving the lease and ordering eviction

Want to build a strong case towards the court? Then a good file is indispensable. We will show you the steps involved and when the judge will or will not grant eviction.

A judge will grant an eviction only if there is a clear, well-reasoned reason for doing so. In 2026 we see in practice mainly these four main categories.

1. Rent arrears: the 3-month standard

Rent arrears are by far the most common reason for eviction. There has been an unwritten norm in case law for years: if arrears are three months or more, termination of the lease is usually defensible. But beware: the amount of arrears is not the only thing that matters. The judge also looks at your approach as a landlord.

Key issues in rent arrears:

• You sent reminders and a final demand letter according to the legal rules
• You gave the tenant a realistic chance to pay or make a settlement
• You can show how the arrears have accumulated (overview per month)

Since the rules on early warning have been tightened up, you must also report rent arrears to the municipality in good time. If you fail to do so, the court can reject your claim for dissolution and eviction. Want to know more about reducing arrears?

Then also read our page on rent collection and the article on early detection of rent arrears.

2. Serious nuisance and misconduct

You can also claim eviction in cases of structural nuisance or misconduct. Consider serious noise nuisance, threats or intimidation of neighbors, or extreme pollution of the home.

Here the burden of proof is often the most difficult. The judge expects a well-supported record, for example, with:

• Police and municipal reports
• Written complaints or statements from neighbors
• Written warnings you sent yourself
• Notes of conversations and appointments with the tenant

The better you establish this, the more likely the judge will give your interest more weight than the tenant's interest in staying in the house.

3. Illegal use of the property

Is the property being used for a hemp plantation, drug trafficking or other criminal activity? Then termination of the rental agreement is almost always an obvious course of action. Often the mayor already intervenes by temporarily closing the property under the Damocles Act.

In such situations, you can sometimes terminate the lease outside of court, but even then a careful and legally sound process is important. In doubt about the best route? Then legal advice or support through our amicable collection and legal proceedings is often wise.

4. Urgent own use

Do you want to occupy the property yourself or, for example, renovate it for another use? Since the Fixed Lease Law, this is more strictly regulated. You must show that your interest in using the property yourself is so urgent that the tenant must give way.

The judge then looks at, among other things:

• How long the tenant has lived there
• The tenant's personal situation (health, family, income)
• Whether there are reasonable alternatives, for example, other living arrangements

Again, without good records and clear substantiation, the chances of the court granting eviction are slim.

In 2026, the court looks critically at how you dealt with your tenant. Especially when it comes to tenants who are seen as consumers. The Quality Collection Services Act ( Wki) plays a big role in this. You have to be able to show that you acted clearly, honestly and carefully.

Broadly speaking, go through this roadmap:

1. Sending the 14-day letter

Once the rent is overdue, send a formal final demand letter. This is the familiar 14-day letter. In it:

• Clearly indicate outstanding amounts and installments
• Explain that the tenant has 14 more days to pay without additional collection fees
• Refer to consequences if payment is not made (collection process, possible litigation)

Our page on the WIK letter tells you exactly what text is legally required.

2. Early warning: reporting to the municipality.

At the first signs of rent arrears, you should inform the municipality. This is to prevent problematic debts and evictions as much as possible. If you don't do this, the judge may take this heavily into account and even reject your claim.

Therefore, record:

• When the first lag occurred
• When you made the notification
• What help or contact moments took place thereafter

3. File building and amicable collection

Before you go to court, you can start a rent collection process. We then contact your tenant, always respectfully but clearly about the consequences. At the same time, we build a file with:

• All letters and emails
• Payment agreements and payment arrangements
• Phone notes and tenant response

The better this record, the stronger you will be if court proceedings later prove necessary.

4. Subpoena to the district court

Does the arrears continue to grow and no lasting solution is forthcoming? Then the next step is a subpoena through the bailiff. The subpoena asks the court to:

• Rescind the lease agreement
• Order the tenant to pay the arrears, interest and costs
• Order the eviction of the home

Credifin works with the bailiff and, if necessary, an attorney to ensure that this subpoena is legally correct and consistent with your case.

During the hearing, the judge always examines whether a solution is still possible without eviction. Especially in the case of tenants in a vulnerable position, a payment plan or assistance is often considered.

In some cases, the tenant receives a so-called terme de grâce: a final term, usually of one month, to pay the entire arrears.

• If it succeeds, the eviction often does not proceed.
• If it fails, the judgment becomes final and the bailiff can execute the eviction.

Therefore, it is important that throughout the proceedings you can properly demonstrate what you have already tried to resolve together. This increases your credibility with the judge.

Did you win the verdict? Then that feels like a relief, but in practice there is still much to be done. The eviction itself proceeds in clear steps:

• The bailiff officially serves the judgment on the tenant
• Tenant is given another short period of time to leave voluntarily
• Does the tenant stay put? Then the bailiff schedules a date for forced eviction

On the day of evacuation, the following are usually present:

• The bailiff, who is in charge
• An auxiliary officer of justice (police) if the tenant does not open voluntarily
• A locksmith, to force entry and install new locks immediately
• A moving crew to move or dispose of contents

The home must eventually be left empty and broom clean. The way the household contents are handled varies from municipality to municipality and from situation to situation. In many cases, the contents must be temporarily stored, especially if the items still have value.

Don't have any experience with evictions? Then be well informed in advance. That way you avoid mistakes that could lead to discussions or claims later.

You can read more about the role of the bailiff in eviction on our page about the bailiff.

An eviction is not only legally drastic, but also financially demanding. Even if the court orders the tenant to pay the costs, chances are that you will bear some of it yourself. A tenant who cannot pay the rent usually cannot meet thousands of dollars in eviction costs either.

Below are the main cost items you need to consider in 2026.

1. Bailiff and legal fees

For proceedings in the district court, you pay, among other things:

• The costs of summons and service by the judicial officer
• Court filing fees
• The salary of the agent (collection agency or lawyer)

In total, this amount is often between about €800 and €1,500. The more operations are required, the higher the bill rises. Curious about the structure of these costs?

Then also read our explanation of the court procedure and the article on court fees in 2026.

2. Locksmith and police

In a forced eviction, the bailiff must be able to gain safe access to the home. This usually requires:

• An auxiliary officer of justice (police) if the tenant does not open the door voluntarily
• A locksmith to open the door and install new locks immediately

For this you will quickly pay between €250 and €500, depending on the region, time of day and complexity.

3. Moving crew and transportation

The home must be left empty and broom clean. That means the contents must be sorted out, loaded and disposed of.

• A moving crew often consists of 1 to 6 people, depending on the size and condition of the home
• The team disposes of the items to the municipal landfill or a storage location
• For an average home, costs quickly run from €1,000 to €4,000

Is the home severely soiled or completely cluttered? Then the costs often fall even higher.

4. Storage of contents

You may not just put your tenant's belongings on the street. In many municipalities, contents must be stored for a certain period of time if they still have value. This means that you as the landlord first pay for:

• Transporting the contents to storage
• Renting the storage unit, often for several weeks or months

These amounts can add up considerably, especially if large or multiple spaces are involved.

5. Nonrecoverable costs

In theory, the bailiff recovers all costs from the tenant. In practice, this is often different. Many tenants with serious arrears:

• Already have other debts and end up in debt settlement
• Move without giving address and are hard to find
• Have little or no income on which to attach

As a result, in many cases, part of the cost remains with the landlord. This is precisely why it is so important to intervene early, well before eviction is an issue.

Crucial tip: the earlier you start a rent collection process, the more likely we are to arrange a payment plan or voluntary departure and save you these high eviction costs.

Having a tenant evicted is emotionally and financially draining. The laws in 2026 require a careful, well-documented approach. The sooner you act, the more likely you are to avoid a court-ordered eviction and all the associated costs.

With Credifin, you keep a grip on the process:

• You file your case online within minutes
• We will contact your tenant in a respectful but clear manner
• Your file is always up to date and ready for court if needed

In this way you work step by step toward a solution: a payment arrangement, a voluntary departure or, if there really is no other way, a carefully prepared eviction process.

Learn more about our rent collection or see directly how to submit a collection order.

Would you first like to spar about your situation or doubt whether eviction is the right move? Feel free to contact us. Together we will look at which route best suits your case, your tenant and your risks.