Eviction Order Rotterdam: Procedure and Your Rights
An **eviction order** is a judicial decision of the District Court Rotterdam (Wilhelminaplein 100-125) by which a landlord can oblige a tenant to vacate a property in Rotterdam. This follows breaches of the **lease agreement**, such as rent arrears, nuisance or failure to vacate after termination. The procedure provides strict protection for tenants. In Rotterdam, you can obtain free advice from the Legal Counter Rotterdam (Westblaak 180). This article explains the steps, specifically for Rotterdam.
What is an Eviction Order in Rotterdam?
An **eviction order** is a **judicial order** of the District Court Rotterdam that compels a tenant to vacate the property within a deadline. Common in cases of:
- Rent arrears of more than three months (art. 7:277 DCC).
- Serious nuisance, illegal subletting or unauthorised alterations.
- Refusal to vacate after valid **lease termination**.
Legal Basis for Rotterdam
Key laws:
- Art. 7:277 DCC: Termination for non-payment of rent.
- Art. 7:280 DCC: Procedure for eviction order.
- Art. 7:281 DCC: Vacancy periods after termination.
- Rent Supervision Act (7:275-7:305 DCC): Rent rights and obligations.
- Petition procedure (art. 127 CPC): At the District Court Rotterdam.
Steps in the Eviction Procedure Rotterdam
The procedure at the District Court Rotterdam proceeds as follows:
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1. Written Lease Termination
Landlord sends a **written termination** with reasons, such as rent arrears or nuisance. Deadlines in Rotterdam:
Not agreed? Respond within 14 days and seek help from the Legal Counter Rotterdam.Type of Lease Notice Period Private Sector 3 months (art. 7:281 DCC) Social Housing 1 month (art. 7:275a DCC) -
2. Tenant Refuses or Remains Silent
If no vacating occurs, landlord initiates a **petition procedure** at the District Court Rotterdam, Wilhelminaplein 100-125.
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3. Petition at District Court Rotterdam
Landlord files a petition. You receive a hearing summons and can present a defence. The judge decides on an eviction order with a deadline (usually 14 days).
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4. Enforcement via Bailiff
Failure to vacate? Bailiff enforces the order, possibly with police. In Rotterdam, you can request a stay from the District Court Rotterdam.
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5. Objection and Appeal
Within 8 days, appeal to the Court of Appeal. Free advice: Legal Counter Rotterdam, Westblaak 180 (tel. 0800-8020).
Your Rights as a Tenant in Rotterdam
- Right to be heard and right of reply at the District Court Rotterdam.
- In case of rent arrears: making an arrangement often prevents eviction.
- Protection against unreasonable termination.
Seek immediate help from Legal Counter Rotterdam or the National Tenants' Organisation.
Tips for Rotterdam Tenants
- Keep all correspondence.
- Make rent arrears transparent immediately.
- Call Legal Counter Rotterdam for free consultation hours.
- Consider tenant protection via the District Court Rotterdam.