Can a landlord just evict a tenant?

What does the law say?

No. A landlord cannot simply evict you. Not if you are behind with your rent. Not if they want to use the property themselves. And not even if the tenancy agreement has been terminated. Without a court order, no one can force you to leave the property.

Section 7:272 of the Dutch Civil Code states that a tenancy agreement does not end upon notice of termination as long as you, as the tenant, have not given your consent and the court has not issued a ruling (check this section on wetten.nl for the most up-to-date version). This means: as long as you object or simply remain in the property, the tenancy agreement continues. The landlord cannot evict you on their own initiative.

Only once the court has issued an eviction order may a bailiff carry out the eviction. This is laid down in the Code of Civil Procedure. The bailiff is the only person legally authorised to carry out an eviction – the landlord themselves may never do so.

If a landlord acts on their own initiative – for example, by changing locks, putting belongings outside or cutting off gas and electricity – this is known as taking the law into one’s own hands. Taking the law into one’s own hands is prohibited. It may also be a criminal offence. Section 138 of the Criminal Code makes trespass a criminal offence (check this section on wetten.nl for the most up-to-date version). This also applies to landlords.

When does this apply to you?

You may remain in the property until the court decides otherwise

Regardless of the situation – rent arrears, complaints about nuisance, notice of termination – you have the right to continue living there until a judge has issued an eviction order. This is not a question of whether you are right or wrong. It is a procedural safeguard that applies to every tenant.

What is the landlord allowed to do?

Terminate the tenancy agreement in writing on legal grounds
Take the matter to court if you disagree
Apply to the court for an eviction order
After that order, engage a bailiff to enforce it

What is the landlord NOT allowed to do?

Change the lock on the property without a court order
Putting your belongings out on the street
Cut off the gas, water or electricity to force you to leave
Enter the property to coerce or intimidate you
Send a bailiff or debt collection agency without a court order

Rent arrears: can the landlord evict you in this case?

No, not even then. Are you in rent arrears? Then the landlord can go to court and demand termination of the tenancy agreement plus eviction. But the court decides – not the landlord. The court always weighs up the circumstances. A small, temporary arrears usually does not lead to eviction.

Temporary contract expired: can the landlord evict you then?

No, not even then. Under the Fixed-Term Tenancy Act (which came into force on 1 July 2024), temporary contracts for new tenancies have largely been abolished. Did you already have a temporary contract? Then the contract ends by operation of law, but even then the landlord cannot evict you themselves. They still need a court order if you refuse to leave.

Step-by-step guide – what can you do now?

Stay calm and stay put. Is the landlord making threats or trying to force you to leave? You don’t have to go anywhere without a court order. Don’t panic.
Document every attempt at self-help. Is the landlord changing the lock? Is he putting your belongings outside? Note down the date and time. Take photos. You will need this evidence for the police or the court.
Call the police if the landlord takes the law into their own hands. Is your landlord in the process of changing the lock or removing your belongings? Call 112 or 0900-8844. The police can intervene immediately and grant you access to the property.
Send a written demand. Demand in writing that the landlord cease the unlawful action. State that you regard his actions as a criminal offence and that you are considering legal action.
Apply to the court for urgent protection against eviction. Is your landlord threatening you with immediate eviction? You can apply to the court for protection in summary proceedings. The court can prohibit the landlord from evicting you from the property, subject to a penalty payment.
Consult a solicitor immediately. Self-help and the threat of unlawful eviction are serious situations. A solicitor on Claim.Cafe can advise you immediately on the strongest course of action.

Common mistakes

Mistake 1: Thinking you have to leave upon receiving a notice of termination. A notice of termination is not the same as an eviction order. You are not obliged to leave simply because you have received a letter. Only once the court has issued a ruling and the bailiff is at the door are you obliged to leave.

Mistake 2: Leaving the property after taking matters into your own hands and not returning. Has the landlord changed the lock whilst you were away? Go back to the property and call the police. If you leave the property and do not return, this could later be interpreted as a voluntary departure.

Mistake 3: Failing to record evidence. Without evidence of the landlord’s unlawful entry, you are in a weak position. Always take photos and videos. Note down dates and times. Send the landlord an email so that you have a written record.

Mistake 4: Accepting that a debt collection agency or bailiff has authority without a court order. A debt collection agency has absolutely no authority to evict you from your home. Neither does a bailiff, unless they have a court order with them. Always ask for a copy of the court order.

Mistake 5: Seeking help too late. Once eviction by force takes place, every minute counts. Call the police and a solicitor immediately. Do not wait and hope that things will work out.

Frequently asked questions

Can the landlord change the lock if I don’t pay the rent?

No, they are never allowed to do that without good reason. Even if you are in arrears, the landlord must first go to court and obtain an eviction order. If they change the lock anyway? Then they are taking the law into their own hands and may be committing trespass. Call the police immediately.

What should I do if the landlord has put my belongings outside?

Call the police immediately. This is taking the law into their own hands and is a criminal offence. You can also apply to the court for an injunction to gain access to the property. Document everything with photos and keep the evidence for a potential claim for damages.

Can the landlord cut off the gas and water to force me to leave?

No. Cutting off utilities to force a tenant to leave is taking the law into one’s own hands and against the law. This is a serious violation of your rights as a tenant. Contact a solicitor immediately and consider reporting the matter to the police.

How long does it take for a landlord to have me evicted through the courts?

A court case regarding eviction usually takes several months. In the event of serious rent arrears, the landlord can initiate summary proceedings, which are faster. But even then, the judge makes the decision – and they always take your interests into account.

Can I stay in the property after an eviction order has been issued?

No, not anymore. An eviction order is a court order to leave the property. The landlord may then engage a bailiff to carry out the eviction. You can, however, appeal – ask a lawyer whether this has a chance of success in your situation.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Section 7:271 of the Dutch Civil Code – procedure for terminating a residential tenancy agreement
Article 7:272 of the Dutch Civil Code – tenancy agreement does not terminate without the tenant’s consent or a court ruling
Section 7:274 of the Dutch Civil Code – grounds on which a court may grant termination
Section 138 of the Criminal Code – trespass
Fixed-Term Tenancy Agreements Act (2024) – abolition of temporary tenancy agreements
See also the Code of Civil Procedure for provisions on eviction and enforcement of judgments