What if your hospita tenant doesn't pay? Action plan

A housemate who doesn't pay the rent is one of the most stressful situations you can experience as a hospita. It breaks trust in a living situation in which you share the same kitchen daily, and at the same time Dutch tenancy law doesn't let you simply put them out the door. There is a fixed action plan you must follow, with deadlines, formal requirements and evidentiary obligations, and if you skip a step you can later get the lid on the nose in court.

In this article we walk through the complete process, from the first missed payment to the cantonal court ruling. We tell you which deadlines run when, which evidence to gather, what it costs and what specific advantage you have as a hospita within the nine-month trial period. Plus: how to try to resolve the problem amicably for as long as possible, because an eviction procedure is no fun outcome for anyone.

Step 1: friendly reminder within one week

It starts small. The first month rolls round and the rent isn't in your account. Before you escalate, simply check: is there a technical problem? Has your housemate perhaps just forgotten? Is there an unexpected reason like a hacked account or a payroll switch that didn't quite come on time?

What you do:

• Send a friendly message via WhatsApp or email. "Hey, I haven't seen this month's rent yet, everything okay?"
• Wait a day or two for an answer
• If there is a valid reason and a concrete solvable date, close it cleanly in a written message: "Great, then I'll see your payment on [date]"

Why you do it this way:

• 80 percent of missed payments have a prosaic reason and are resolved within 48 hours
• A friendly first reminder doesn't build hostility
• It shows you offered reasonableness, should it later come to a procedure
• It creates a written paper trail of the moment you became aware of the non-payment

What you don't do:

• No accusations, no drama, no immediate threat of termination
• Don't wait with your first message until a week or longer, then your housemate feels passed over or it becomes unmanageable for yourself
• No verbal arrangements without written confirmation

Documenting: Keep your message or email. Make a simple log in which you keep track per month: payment date, amount, and any deviations. This log will become worth gold later.

Step 2: written notice of default by registered post

Has the payment after your friendly reminder still not come? Under the Dutch Civil Code the rent is "due" as soon as the agreed payment date has passed, but you must formally place your tenant "in default" before you can go to court. A notice of default is a legal term: it is a written announcement that your tenant has not met their obligations, with a reasonable deadline to still pay.

What you do:

• Write a formal letter (no WhatsApp, no email, though email can serve as a secondary channel)
• Send by registered post, so you have proof of delivery
• Set a deadline of fourteen days for payment
• Make clear that in case of continued non-payment you will move to termination, dissolution or debt collection

What goes in the notice of default:

Why this precision: A judge wants to see that your tenant had a clear and reasonable chance to still pay. An unclear or threatening letter can work against you; a formal and reasonable notice of default works for you. Registered delivery proves that the letter was delivered or made available, an oral warning or unregistered email is much weaker evidence for the judge.

Timeline:

• Sending: day 1
• Registered arrival: day 2-3
• Response period: until day 14
• No payment on day 14: you go to step 3

Step 3: engage a bailiff or debt collection agency

If the deadline of the notice of default has expired without payment, you have two parallel tracks you can pursue at the same time:

Track A: collection of outstanding rent You engage a debt collection agency or bailiff to claim the outstanding amount. A debt collection agency is cheaper (often on a no-cure-no-pay basis), a bailiff is more official and can directly proceed to attachment if the tenant receives a court ruling.

For a hospita situation involving a few hundred euros per month, a debt collection agency is usually the most sensible first step. Costs: usually not in advance, you pay afterwards a percentage (15-20%) of the amount collected. In case of non-payment you are usually not charged extra.

Track B: prepare for termination or dissolution At the same time you start thinking about whether you want to continue the tenancy or end it. For hospitas this is where the nine-month trial period becomes crucial, we'll come back to that immediately.

For the collection procedure you need:

• The original tenancy contract
• Proof of the agreed rent
• Bank statements showing the missed payments
• Your friendly reminder and registered notice of default
• Any additional correspondence (WhatsApp, email) about payment promises that were not kept

Timeline:

• Debt collection agency commission: day 14-15
• First demand letter from debt collection agency: day 15-21
• Second summons or transfer to bailiff: day 30-45
• Announcement of court case: day 45-60

In about 40 percent of cases rent arrears are resolved by a debt collection agency letter alone, because the threat of additional costs and a BKR registration (Dutch credit record) proves to be a sturdy lever after all.

Step 4: use your 9-month trial period advantage as a hospita

Here comes the legal upside of the hospita scheme. Under article 7:232 paragraph 3 of the Dutch Civil Code, hospita rentals enjoy a trial period of nine months in which your tenant has no tenant protection. That means: in the first nine months you may terminate the tenancy with one month's notice, for any reason, including non-payment, incompatible cohabitation or even just "no click".

What this means for you in a non-payment situation:

• If your hospita tenant has lived with you four months and doesn't pay the third month, you can simply terminate with one month's notice. You don't have to go to the cantonal court for dissolution.
• The termination can be a written letter, no formal court procedure
• The one month notice is statutory and cannot be extended by your tenant

How to phrase the termination:

Send by registered post, so you have proof of delivery.

Important nuance:

• Are you outside the trial period (after month nine)? Then you fall back on regular tenant protection. Termination is then much harder and you must request dissolution via a cantonal court, see step 5.
• Are you within the trial period but your tenant claims they were unlawfully terminated? Then they must challenge that themselves via the cantonal court and force a ruling. In the meantime your termination is valid.

In practice: nearly 90 percent of non-payment cases that fall within the trial period are resolved via this termination route. A combination of a formal termination and a parallel collection procedure for the outstanding months is the most efficient route.

Step 5: dissolution of the tenancy via the cantonal court

If you are outside the trial period or the termination doesn't work (e.g. because your tenant refuses to leave), the next step is a procedure for dissolution at the cantonal court. This is a formal legal procedure for which you don't in principle need a lawyer for cases under 25,000 euros, but you do need good preparation.

Requirements for dissolution due to rent arrears:

The Dutch Supreme Court has in established case law decided that rent arrears of more than three months are in principle grounds for dissolution. With less than three months you must demonstrate additional circumstances (e.g. previous repeated non-payment, or attributable disturbances of cohabitation).

What you do:

• File a petition with the cantonal court of the district where the home is located
• Add all evidence: tenancy contract, bank statements, notice of default, correspondence, any prior court documents
• At the same time request judgement to pay the outstanding rent and to vacate
• Pay court fees (in 2026 around 80-100 euros for cantonal cases)

Timeline of a procedure:

• Filing petition: week 1
• Summoning of the defendant: week 2-3
• Oral hearing: week 6-10
• Court ruling: week 10-14
• Any appeal: extra 6-12 months

In total expect three to six months before you have a ruling with which you can actually evict. During that period the rent arrears keep mounting, which you can in principle pursue, but in practice often a lost amount because your tenant already had no funds to pay.

Burden of proof in the procedure: The duty falls on you to prove:

• That a tenancy existed
• That the rent has not been paid (bank statements, receipts)
• That your tenant was summoned to still pay (notice of default)
• That the breach is "sufficiently serious" to justify dissolution

A well-kept log with payment dates, amounts and correspondence makes the difference between a quick ruling and a lost case.

Step 6: eviction via the bailiff

Once the cantonal court has ruled on dissolution and set an eviction date, but your tenant doesn't leave voluntarily, you engage a bailiff for the actual eviction.

What you do:

• Ask the bailiff to serve the judgement (officially deliver it to your tenant)
• Plan an eviction date with the bailiff, usually four to eight weeks after service
• On the eviction date the bailiff arrives with assistance (often two people) and possibly police
• Your tenant and their belongings are removed from the home

Costs:

• Bailiff costs: 500-1500 euros, depending on complexity
• Possibly storage of the tenant's belongings: 200-500 euros
• Possible transport costs

These costs you can in principle recover from your tenant, but in practice that is often a paper victory if they have no funds.

Important rules:

• You may never change the locks yourself or deny the tenant access before a court has ruled
• You may never put your tenant's belongings outside yourself, even if they have left the home
• You may never make threats or get into physical confrontations

If you do, your tenant can sue you for unlawful disturbance of possession, and a judge can sentence you to damages plus restoration of their access. Patience and formal procedure are the only correct route.

How do you prevent a non-payment situation?

Prevention is always better than cure. A few measures you can take before you even have a tenant:

At selection:

• Ask for recent pay slips or employer's statement
• Ask for references from previous landlords
• Do a BKR check (Dutch credit registration) if you suspect financial fragility (only with permission)
• See Tenant screening without discrimination for hospitas for the legally sound approach

At contract:

• Ask for a deposit of one to two months' base rent (max 2 under the Dutch Affordable Rent Act)
• Agree on a fixed payment date in the contract (e.g. the first of the month)
• Add a clause about notice of default and penalty interest in case of non-payment
• See /hospita/contract for the complete checklist

During cohabitation:

• Keep bank statements and link payments to receipts or a digital log
• Ask immediate questions on a missed payment, not after a month
• Build an open conversational atmosphere so financial problems are shared early

For specific questions about your rights as a hospita, you can turn to the Woonbond (woonbond.nl), the Dutch interest organisation for tenants and hospitas. For specific tax questions we refer you to the Dutch tax authority and possibly a tax advisor.

Frequently asked questions

How far behind can a hospita tenant be before I can dissolve?

For the trial period of nine months: with every non-payment you can terminate with one month's notice, there is no specific arrears threshold. Outside the trial period the main rule from case law applies: three months' arrears are in principle grounds for dissolution via the cantonal court. With less arrears you must demonstrate additional circumstances.

Can I deny my housemate access to shared spaces during the non-payment period?

No. As long as a valid tenancy exists, your housemate has a right to normal use of their room and, depending on the contract, also of shared spaces. Denying them access to the kitchen or bathroom before a court has ended the tenancy is a form of disturbance of possession for which you can be held liable.

What if my tenant proposes a payment arrangement, must I agree?

You are not obliged to accept an arrangement, but it is often wise in practice. An arrangement in which the arrears are cleared in a few months prevents a procedure that costs you money and time too. Record the arrangement in writing with payment dates, amounts and the agreement that on non-fulfilment the original notice of default revives. State explicitly in the arrangement that your rights to dissolution are not waived.

Does it make sense to inform the Dutch tax authority about a non-payer?

Not the tax authority, but yes the BKR. A registered non-payment with the Bureau of Credit Registration (Bureau Krediet Registratie) can hamper your tenant's future renting or credit and is a legitimate lever. A debt collection agency or bailiff can do this registration for you after a court judgement. Informing the tax authority is only relevant if there is fraud (e.g. a tenant living without BRP municipal registration), which is a separate category.

Can I press criminal charges against my tenant for non-payment?

Non-payment in itself is not a criminal matter but a civil one. Only if there is deliberate fraud (e.g. a tenant who rents a room with a false identity and never intended to pay) can you file a complaint with the police for fraud. For regular non-payment cases the cantonal court procedure is the right route.

Prevent this by choosing well in advance

Non-payment is rarer than you think if you select carefully in advance and work cleanly contractually. Looking to rent out your room as a hospita without Kamernet pricing or aggressive invitations? On Huismaatje you list your room for free, plan a viewing night with time slots and pick your housemate at your own pace. List your room →