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Who pays for an eviction?

House clearance, or eviction from a rental property, can be a major and emotional event. It can occur as a result of various circumstances, including rent arrears and non-compliance with the lease agreement. But who actually pays for the costs of an eviction? In this article we look at the responsibilities of both the tenant and the landlord and the role of the bailiff in the process of a clear house.

What is an eviction?

An eviction is the removal of the tenant and his or her belongings from the rented home. It is a legal process carried out by a bailiff, who can initiate legal proceedings for this. Evictions can occur for a variety of reasons, but the most common is rent arrears. If the tenant fails to pay rent, the landlord can initiate eviction proceedings to regain possession of the rented property. If the landlord is right according to the judge, the tenant must of course leave the home and the landlord can proceed with eviction. 

The role of the bailiff and landlord

The bailiff plays a crucial role in the eviction. He has the authority to initiate legal proceedings and obtain the eviction judgment from the subdistrict court judge. This judgment gives the bailiff the right to remove the tenant and his or her contents from the home. The bailiff may proceed with the eviction with the judgment, because this document is officially a permission for eviction. 

The eviction of a home is not allowed just like that

The landlord has the option to initiate eviction proceedings if the tenant is in rent arrears of three months or longer. The landlord can also proceed with eviction in the event of other serious violations of the lease agreement.

The eviction procedure

The evacuation procedure proceeds step by step. First, the bailiff will serve the eviction notice on the tenant, after which a period will be set within which the tenant must pay the rent arrears. If the tenant does not do this, the bailiff will proceed to the actual eviction of the home. During the eviction, the tenant has the right to take his or her personal belongings with him.

Who will pay for the costs of eviction?

A frequently asked question is who should bear the costs of the eviction. In principle, the tenant is responsible for the costs of the eviction. These costs include the costs of the bailiff, costs for moving and storing the contents, and any additional costs such as legal costs.

In some cases the landlord pays for the eviction

In some cases, however, the landlord may also be held responsible for the costs of eviction. For example, if the tenant appeals against the eviction judgment and the judge rules in favor of the landlord, the landlord can reclaim the eviction costs from the tenant.

Costs of the evacuation

The costs of the evacuation can be significant. In addition to the costs for the bailiff who carries out the legal proceedings, there are also costs associated with storing the tenant's contents. These costs may vary depending on the size of the contents and the duration of storage. For additional costs, you can also consider a locksmith. 

Clearing a home and the costs

In addition, other costs may occur, such as legal costs and costs for a possible move of household contents. It is therefore important for tenants to be aware of the possible costs that an eviction can entail and to take timely action to prevent this. 

Legal proceedings and eviction judgment

Legal proceedings are often the first step in the eviction process. The landlord can start legal proceedings by calling in the bailiff and submitting a petition to the subdistrict court. If the subdistrict court judge is of the opinion that the tenant is indeed in default with the payment of the rent, he can issue an eviction judgment.

Eviction by the bailiff

The eviction notice is a court order that gives the bailiff the right to vacate the home. The bailiff will then serve the tenant the judgment and set a period within which the tenant must pay the rent arrears. If the tenant does not meet this obligation, the bailiff can actually evict the home.

Rent arrears and consequences

Rent arrears of three months or more can lead to eviction from the home. It is therefore essential for tenants to pay their rent on time and in full to avoid an eviction. An eviction not only entails high costs, but can also lead to long-term legal disputes and have a negative impact on the tenant's living situation.

Please contact us immediately in the event of rent arrears

In some cases, the tenant may not be able to pay the rent arrears due to financial problems. In such situations it is wise to contact the landlord directly and try to make a payment arrangement. In this way, an eviction can possibly be prevented.

Appeal against the eviction judgment

If a tenant does not agree with the eviction judgment, he or she has the opportunity to appeal. This means that the tenant can resubmit the case to a higher court, where a new assessment will take place. There is a time limit for lodging an appeal, so it is important that the tenant acts quickly if he or she wants to appeal the eviction judgment.

Special circumstances during evacuation

In some cases there may be special circumstances that influence the evacuation. For example, if the tenant has valuables in the home that cannot simply be put out on the street, this can make the eviction more difficult. In such cases, it is important that the tenant contacts the bailiff and the landlord immediately to find a suitable solution.

Conclusion

The answer to the question “who pays for an eviction” is not clear. In most cases, the tenant is responsible for the costs of the eviction, but there are situations in which the landlord can bear these costs. However, an eviction always entails high costs and inconvenience, so it is essential for tenants to pay their rent on time and discuss any problems with the landlord in a timely manner. It is also wise to seek legal advice in a timely manner if there is an impending eviction.

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Would you like to receive a quote for clearing your home? 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

What is an eviction?

An eviction is the removal of the tenant and his or her belongings from the rented home by a bailiff.

Who pays for the eviction costs? 

In most cases, the tenant is responsible for the costs of the eviction.

Can the landlord also bear the costs?

Yes, in some cases the landlord may be held responsible for the costs of the eviction.

What are the costs of evacuation?

The costs of eviction include the costs of the bailiff and the storage of contents.

Can I appeal against the eviction judgment?

Yes, as a tenant you can appeal against the eviction judgment if you do not agree with it.

What should I do if there is an impending eviction?

In the event of an impending eviction, it is important to contact the landlord immediately and, if necessary, seek legal advice.

Can an eviction be prevented?

Yes, an eviction can be prevented by, for example, paying the rent on time and making any payment arrangements.

What happens to my belongings during the eviction?

During the eviction, the tenant has the right to take his or her personal belongings from the home.

Can an eviction lead to long-term disputes?

Yes, an eviction can lead to lengthy legal disputes between tenant and landlord.

What are special circumstances in the event of an eviction?

Special circumstances may, for example, mean that the tenant has valuables that cannot simply be left on the street.