Rent Arrears and Collection Costs in Tilburg
Rent arrears means that as a tenant in Tilburg you do not pay your rent on time. When the landlord encounters this, he may charge collection costs. These costs often lead to disputes. In this article for tenants in Tilburg, we explain what you need to know about rent arrears, the statutory limits for collection costs and how you can protect yourself.
What does rent arrears entail and what are collection costs?
Rent arrears arise if you do not pay the rent on time. This can be incidental or structural. The landlord in Tilburg may then take steps, such as sending a reminder or engaging a collection agency.
Collection costs comprise the expenses incurred by the landlord to collect the debt. These include:
- Reminder letters
- Costs of collection agencies
- Court costs in summary proceedings or attachment
- Office and administration costs
These are usually passed on to you. However, the law imposes strict requirements on when this is permitted, especially at the District Court of Zeeland-West-Brabant in Tilburg (Wilhelminapark 100).
Statutory Frameworks
Important laws for rent arrears and collection costs in Tilburg:
- DC Book 7, Title 3: Regulates lease relationships and termination in case of payment problems.
- Rent Allowance Act: Supports low incomes in paying rent.
- Judicial Organization Act: Provisions for distress warrants.
- General Lease Conditions: Specify collection rates.
Pursuant to Article 7:203 DC, termination may follow in case of two months' arrears or repeated monthly arrears.
When are collection costs permitted?
Only if they are reasonable and proportionate:
- Proportionality: Costs must be commensurate with the amount of the debt.
- Necessity: Landlord must prove that they were unavoidable.
Often 5-10% of the arrears is applied, but this must remain capped. Excessively high rates are challengeable before the court.
Examples from Tilburg Practice
For €500 arrears, a collection agency charges €75 (15%). This may be disproportionate, especially in cases of communication issues. Challenge this in writing.
Or €200 administration costs for unnecessary letters: refuse payment if you already responded.
Your Rights as a Tenant in Tilburg
Rights
- Challenge: Dispute unreasonable costs in writing or at the District Court of Zeeland-West-Brabant, Wilhelminapark 100.
- Payment Arrangement: Request from landlord or Rent Tribunal.
- Free Advice: Legal Aid Office Tilburg, Spoorlaan 364.
Obligations
- Proactively communicate about payment problems.
- Comply with arrangements.
Step-by-Step Plan for Collection Costs
- Check the invoice for reasonableness.
- Send a written defense.
- Request payment extension.
- Engage Legal Aid Office Tilburg (Spoorlaan 364).
- Consider the District Court of Zeeland-West-Brabant.
Prevention and Assistance
Prevent escalation by making timely contact. In Tilburg, the Legal Aid Office offers free assistance. For low income: apply for rent allowance.
Last update: 2023. Always consult a professional for your situation.