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Possible Loan Makes Dissolution Conditional Upon 15 Months Rent Arrears

Defendant is in rent arrears of approximately ten months. Payment is not made after a reminder, the summons follows and payment is no longer made at all. Defendant puts forward personal circumstances, as a result of which dissolution and eviction would be unjustified. In the alternative, a deadline is requested to still meet the obligations. Defendant expects to receive a loan in connection with an inheritance due to her. Since the performance period is granted, the claim for dissolution and eviction is conditionally granted.

Facts

Defendant has been renting a private sector home since 16 May 2019 and ultimately leaves the rent unpaid. By letter dated 26 May 2021, the defendant was summoned to pay the rent arrears of approximately ten months. This did not happen, as a result of which the defendant will be summoned on June 18, 2021 for dissolution and eviction. Payment is then completely omitted. Until 1 February 2022, the rent arrears amount to more than fifteen months.

Defense

Defendant puts forward facts and circumstances and argues that the claimed dissolution and eviction is therefore not justified. She has had a particularly difficult year, due to family and business circumstances. As a result, she lost control of her financial situation.

Alternatively, the defendant requests pursuant to art. 7:280 of the Dutch Civil Code to allow an additional period to still be able to meet its obligations.

Rating

The claims for payment of the rent arrears, interest, extrajudicial collection costs and legal costs are (uncontested) awarded.

The obligation to pay monthly rent is considered essential. The shortcoming in the fulfillment of this obligation is of sufficient weight that it can justify the claimed dissolution and eviction. The amount of the rent arrears and the non-payment at all since the summons are taken into account.

The private circumstances are at the expense and risk of the defendant and do not mean that dissolution is not justified. This does not alter the fact that the claimant failed to report the rent arrears to Schuldhulpverlening for early identification to prevent eviction due to debt, as required as of 1 January 2021 under the Municipal Debt Assistance Decree. It is unlikely that early identification could have prevented the accrual of rent arrears in this case. Defendant has had insufficient income to pay the rent for a long time. A conversation with a debt counselor has also proved fruitless.

Defendant claims to be able to settle the rent arrears in the short term. She expects to be able to obtain a loan pending the settlement of an inheritance (the aforementioned family circumstances). With this loan she will be able to pay the rent arrears in full. At the hearing, the plaintiff also agreed to a conditional dissolution and eviction.

Plaintiff has demanded eviction within three days. That period is considered too short, partly in view of the corona pandemic and housing crisis. The conditional eviction will thus be set at fourteen days after notification, if the rent arrears, interest, extrajudicial collection costs and legal costs are not paid within one month of today.

Decision

The sub-district court orders the defendant to pay within one month from today. The defendant is conditionally sentenced to eviction within fourteen days of service if payment is not made within one month of today.

Amsterdam District Court 22 February 2022, ECLI:NL:RBAMS:2022:742 (publication date: 4 March 2022)

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Marc-Vincent Spanjersberg's picture

Marc-Vincent studied Corporate Law in Rotterdam. He then worked at a consultancy and engineering firm, Antea Group. 

Marc-Vincent has been working at Bos Van der Burg Advocaten since 2021.