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Rental Disputes in Rijswijk: When to Go to the Canton Court?

Do you have a rental dispute in Rijswijk? Discover when you must go to the canton judge of the District Court of The Hague, what costs are involved, and how you can get legal assistance via the Legal Counter Rijswijk.

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When to Go to Court in Rijswijk?

For certain rental disputes in Rijswijk, you cannot go to the Rent Tribunal. For issues such as rent protection, eviction proceedings, or claims for damages, you must initiate a case at the canton judge of the District Court of The Hague. The judge can make definitive decisions and, if necessary, impose coercive measures.

Which Disputes Does the Judge Handle?

Type of DisputeCompetent AuthorityCourt Fee (2024)
Rent ProtectionCanton Judge The Hague€87 - €223
EvictionCanton Judge The Hague€87 - €223
Arrears in RentCanton Judge The Hague€87 - €223
Damage ClaimsCanton Judge The Hague€87 - €223
Co-Tenant StatusCanton Judge The Hague€87 - €223
Renovation or MaintenanceCanton Judge The Hague€87 - €223

Step-by-Step Procedure at the Canton Judge

  1. Drafting a writ of summons or petition
  2. Service of the writ of summons by a bailiff
  3. Payment of the court fee
  4. Attending the hearing
  5. Awaiting the judge's judgment

Support for Legal Proceedings

Do I Need a Lawyer?

For cases at the canton judge, a lawyer is not mandatory, but legal assistance can help. Possible resources in Rijswijk are:

  • Legal Counter Rijswijk (free advice)
  • Legal Expenses Insurance or subsidized assistance
  • Lawyer for complex cases
  • Tenants' Union for renters (members)

Costs of a Lawsuit

Consider the following costs in a procedure:

  • Court Fee: Between €87 and €223, depending on income and case
  • Bailiff Costs: For serving the writ of summons
  • Lawyer Costs: If you engage legal assistance
  • Costs of Proceedings: If you lose, you may have to pay part of the opponent's costs

Subsidized Legal Aid for Court Cases

With a low income, you may be eligible for a legal aid certificate:

  • Income lower than €30,000 (single) or €42,400 (cohabiting)
  • Limited assets
  • Own contribution between €82 and €855
  • Application via a lawyer

Can I Litigate Without a Lawyer?

Yes, at the canton judge this is possible. The Legal Counter Rijswijk provides support.

What If I Don't Win the Case?

In that case, you may be required to pay part of the opponent's costs of proceedings, often a fixed amount.

How Long Does a Rental Case Take?

Typically, a case takes 3 to 6 months. In urgent cases (summary proceedings), it can be faster.

Frequently Asked Questions about Rent in Rijswijk

What are my rental rights?

As a tenant in Rijswijk, you are entitled to a safe home, protection against unjustified rent increases, and the right to demand maintenance if the property shows defects.

May a landlord increase the rent arbitrarily?

No, rent increases are subject to statutory rules. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.

What Happens to My Deposit?

The landlord must keep the deposit in an account and must return it within 30 days after the end of the tenancy, unless damage has been found.

How Do I Terminate My Rental Agreement?

You can terminate the rental agreement according to the notice period in your contract, usually in writing and observing the notice period.

What Do I Do If the Property Is Poorly Maintained?

Request the landlord in writing to carry out repairs. If no action is taken, you may carry out repairs yourself and possibly offset the costs against the rent.