Rent Arrears as Grounds for Termination in Tilburg

Rent arrears form a frequent reason for termination of the tenancy agreement in Tilburg (article 6:262 BW in conjunction with 7:220 BW). Landlords in the municipality of Tilburg must start with a reminder, in which a payment period of 14 days is offered. If the rent remains unpaid, a summons follows at the sub-district judge of the Oost-Brabant District Court, seat 's-Hertogenbosch, which handles cases from Tilburg. The judge assesses whether the arrears amount to at least three months' rent or are considered urgent. Tenants in Tilburg can raise a defence by pointing to inability to pay, for example due to the impact of corona or regional unemployment in the textile and manufacturing industries. The judge may then establish a payment arrangement instead of termination. Evidence such as bank statements and reminders is crucial. In 2023, the Oost-Brabant District Court ruled in a Tilburg case that a seasonal arrears due to temporary fairground unemployment does not justify termination without prior warning. Tenants are entitled to rent allowance advice via the Tax Authorities, with extra attention for Tilburg neighbourhoods such as Oud-Zuid and Het Zand. Landlords run the risk of the judgment being set aside if they adopt an unreasonable stance. An alternative is an amicable arrangement via the Huurcommissie or the municipality of Tilburg's Loket Wonen. In the event of termination, direct rent claims plus one month's vacancy damage accrue, with high vacancy rates in the Spoorzone. Prevent escalation by early contact with Tilburg's neighbourhood teams. This article highlights the specific thresholds and strategies for tenants and landlords in Tilburg.