Help with tenancy issues in the Netherlands

If your business is in rent arrears and you are forced to close your doors, what are your rights in the Netherlands and what are the practical implications? What is the procedure for asking for a rent review in the Netherlands?

If you are a landlord, what action can you take if your tenant defaults on their rent? Landlords, too, can suffer financially due to the coronavirus measures. accon■avm has legal advisers who can help you address tenancy issues.

Legal assistance in tenancy issues

1. Our legal advisers will write to the tenant or the landlord and engage with them to try to resolve the issue. If the parties come to an agreement, we will draft a contract formalising what has been agreed. This is what is referred to as an amicable settlement.

2. If the parties initially fail to reach agreement or a summons has already been served, accon■avm’s legal advisers can help by pleading your case in court, whether you are the claimant or the respondent.

You are the claimant

If you are the claimant, we will tell you about the chance of success, the risks and the course of the proceedings before we initiate them. Once you have given us the go-ahead, we will get to work for you.

You are the respondent

If you are the respondent, it is important that you act quickly to prevent the court from finding for the claimant before you have had the chance to argue your case. If you are a tenant, possible scenarios include dissolution of the tenancy agreement, eviction, an instruction to pay your overdue rent or a fine. accon■avm’s legal advisers will plead your case in the statement of defence, respond in writing to the claimant in the rejoinder and represent you at the hearing.

Risk of litigation

Unfortunately, legal proceedings are not without risk as the unsuccessful party can be ordered to pay the legal fees. The question is whether the debt can actually be recovered.

Legal services

Legal proceedings are difficult to avoid if a tenancy agreement is about to be dissolved or an eviction notice has been served. Legal assistance becomes a must under these types of circumstances. accon■avm’s legal advisers are there for you to help you navigate the process.

Please send an email to international@acconavm.nl if you want to talk to a legal adviser or need more information and we will get back to you as soon as possible.