Rent Arrears as Grounds for Termination in Rotterdam

Rent arrears constitute a frequent reason for termination of the tenancy agreement in Rotterdam (Article 6:262 BW in conjunction with 7:220 BW). Landlords in neighbourhoods such as Delfshaven or Feijenoord must first send a reminder with a payment period of 14 days. If the rent remains unpaid, summons must be issued to the district judge of the Rotterdam District Court. The judge assesses whether the arrears amount to at least three months' rent or are of an urgent nature, taking into account the high rental pressure in the city. Tenants can raise a defence by pointing to inability to pay due to, for example, port strikes, temporary contracts in Rotterdam logistics or rising energy costs. The judge may then establish a payment arrangement instead of termination. Evidence such as bank statements, reminders and correspondence is crucial. In 2023, the Rotterdam District Court ruled that seasonal arrears due to unemployment in the construction sector do not justify termination without adequate warning. Tenants in Rotterdam can apply for rent allowance via the Tax Authorities or seek advice from Woonbron or Vestia. Landlords risk annulment of the judgment if they adopt an unreasonable stance. Alternative: an amicable settlement via the Rent Tribunal or the Rotterdam Tenants' Interests Association. Upon termination, immediate collection of the rent plus one month's vacant possession damage follows, which weighs heavily in the tight Rotterdam market. Prevent escalation by consulting early with the municipal neighbourhood teams. This article highlights the specific thresholds and strategies for Rotterdam tenants and landlords. (218 words)