Rent arrears constitute a frequent reason for the termination of a rental agreement in Leiden (Article 6:262 of the Dutch Civil Code in conjunction with Article 7:220 of the Dutch Civil Code). Landlords must first send a formal demand for payment, providing a 14-day payment period. If payment is not made, the landlord may issue a summons to appear before the subdistrict court in Leiden. The court will assess whether the arrears amount to at least three months' rent or are of an urgent nature.
Tenants in Leiden may defend themselves by demonstrating an inability to pay, for example, due to high study costs at Leiden University, effects of the COVID-19 pandemic, or local unemployment in the region. In such cases, the court may establish a payment plan instead of terminating the agreement. Evidence such as bank statements and payment reminders is crucial. In 2023, the District Court of The Hague, which has jurisdiction over Leiden, ruled that seasonal arrears due to temporary student status do not justify termination without adequate warning.
Tenants are entitled to rental allowance advice from the Dutch Tax and Customs Administration, which is particularly relevant for students and young families in Leiden. Landlords risk having the judgment annulled if their position is deemed unreasonable. Alternatively, an amicable settlement may be reached through the Rent Tribunal or locally via the Legal Counter Leiden.
In the event of termination, the landlord may claim immediate payment of outstanding rent plus one month’s vacancy damages. Escalation can be prevented by engaging in timely discussions, for instance, through Leiden tenants' associations. This article highlights the thresholds and strategies for landlords and tenants in this key city, with attention to local rental market pressures around the university and the station district.