Rent Arrears as Grounds for Termination in Rijswijk
Rent arrears in Rijswijk: demand, summons at the District Court of The Hague and judicial review. Defences with payment arrangements and local assistance to avoid termination. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
Rent arrears constitute in Rijswijk a frequent ground for termination of the tenancy agreement (Article 6:262 DCC in conjunction with 7:220 DCC). Landlords in this municipality must start with a demand, in which a payment period of 14 days is granted. If the rent remains unpaid, summons must be issued to the district court judge of the District Court of The Hague, which has Rijswijk within its district. The judge assesses whether the arrears amount to at least three months' rent or are of an urgent nature. Tenants in Rijswijk can raise a defence by pointing to inability to pay, for example due to the aftermath of corona or regional unemployment in the Hague region, after which the judge may establish a phased payment arrangement instead of termination. Evidence such as bank statements and demand letters is crucial. In 2023, the District Court of The Hague ruled in a Rijswijk case that a temporary arrears due to seasonal work in the glasshouse horticulture does not justify termination without prior warning. Local tenants have access to rent allowance via the Tax Authorities and advice at Woonpunt Rijswijk. Landlords run the risk of annulment of the judgment if they act unreasonably. An alternative is an amicable settlement via the Rent Tribunal or the Legal Aid Office in Rijswijk. Upon termination, a direct rent claim flows plus compensation for one month of vacancy. In Rijswijk, with its mix of social housing and private sector homes near The Hague, timely dialogue pays off to prevent escalation. Municipal initiatives such as the Poverty and Debt Office provide additional support for tenants in need. This article highlights the specific thresholds and tactics for parties in Rijswijk.