When a tenant and landlord become diametrically opposed to each other, the process of eviction can become inevitable. This process, often preceded by an eviction notice, is complex and raises many questions. Let's take a closer look at this process, from the legal proceedings to the actual eviction, and everything that entails.
An eviction notice
An eviction judgment is a ruling by the judge that gives the landlord the power to vacate a home or business premises. This judgment is pronounced when a tenant does not comply with the agreements, such as rent arrears, nuisance or illegal activities in the building.
Can an eviction notice only be issued if there is rent arrears?
No, an eviction notice can also be issued for other breaches of contract, such as nuisance, failure to comply with the house rules or use of the home for illegal activities. The judge weighs the circumstances and decides whether eviction is justified.
How long is an eviction notice valid?
An eviction notice has no fixed period of validity. As soon as the judgment has been pronounced and served by the bailiff, the landlord can proceed with eviction, unless the tenant objects or appeals.
When can a landlord evict?
The landlord can proceed with eviction after the eviction judgment has been served and the period set in the judgment has expired. This way the tenant can leave the home voluntarily.
The day of the eviction
On the day of the eviction, the bailiff, accompanied by a locksmith and sometimes the police, comes to the house. The contents are removed from the building and stored in a storage facility if necessary. The locks will be replaced to restrict access for the former tenant.
The costs of clearing a home
The costs for clearing a home can vary and depend on the size of the home, the amount of contents and any storage costs. Of course, transporting and storing things also costs money. The costs for removal and storage can amount to several thousand euros.
Who pays for the eviction?
In principle, the costs of eviction are borne by the tenant. However, if the tenant is unable to bear these costs, the landlord may be forced to pay these costs and attempt to recover them from the tenant later.
How long does it take before the tenant can be evicted from the home by the bailiff?
The time between the pronouncement of the eviction judgment and the actual eviction can vary. This depends on the service of the judgment, the tenant's response and the bailiff's planning. It can vary from a few days to weeks.
Objecting or appealing against an eviction decision.
The tenant has the option to object or appeal against the eviction decision. This must be done within the set deadlines and can temporarily suspend the eviction.
Hiring a bailiff to vacate a building.
Yes, according to the law, an eviction must always be carried out by a bailiff. The bailiff ensures the correct legal procedure and ensures that the eviction is carried out correctly.
ZSM Woningontruiming is happy to help you
House clearance is a drastic process, both for the tenant and the landlord. It is important that both parties know their rights and obligations and, where possible, try to reach a solution before an actual eviction. With the right information and preparation, the process can run as smoothly and humanely as possible.
Request a free quote
Would you like to receive a quote for clearing your home or building? Then request a free quote. This is completely without obligation and you are not committed to anything. By requesting a quote you will get a better idea of the costs and services we can offer you.
Do you have any questions or would you like advice before requesting a quote? Then you can always call us on 070-2116102. You can also send us an email at: info@zsm-woningontruiming.nl. We will then respond to your enquiry as soon as possible.
Help Center
We are not only happy to help you with the evacuation of the home, but are of course also there to answer your questions.
What exactly does a house clearance entail?
During a home eviction, your home or building is emptied by a bailiff and you are denied access. This usually happens as a result of a legal conflict, such as rent arrears or violation of rental conditions.
When can a landlord proceed with eviction?
A landlord may only proceed with eviction after obtaining an eviction notice from the judge. After this judgment has been served by the bailiff, you as a tenant still have a short period to leave the home voluntarily.
How long does the house clearance process take?
The time from the judge's ruling to the actual eviction can vary. This depends on the tenant's response, any objection or appeal procedures and the planning of the bailiff.
As a tenant, can I object to an eviction notice?
Yes, you can object or appeal within a certain period after the judgment has been served. This can temporarily postpone the eviction.
What happens to my belongings during an eviction?
Your belongings will be removed from the home by the bailiff. Depending on the situation, it can be stored, sold or, in the worst case, disposed of.
Who pays for the costs of a home clearance?
The costs of the eviction are in principle borne by the tenant. If the tenant cannot pay these, the landlord can choose to advance the costs and later try to recover these costs from the tenant.
Is it possible to get my belongings back after an eviction?
This depends on the agreements with the bailiff and the storage options. In some cases you can get your belongings back within a certain period, but this often involves costs.
What can I do to prevent a home eviction?
It is advisable to talk to your landlord or a legal advisor as soon as possible to find a solution. Sometimes a payment arrangement or mediation can prevent an eviction.
Do I have to be present during the evacuation?
It is not mandatory to attend, but it may be wise to oversee the process and ensure that your rights are respected.
What happens if I voluntarily leave the home before the eviction date?
If you leave the home voluntarily, you can often take your belongings with you and avoid the costs and stress of a forced eviction. Always inform the landlord and the bailiff of your departure.
