they passed my case to a bailiff

11POSTS

9 years ago

HI everyone, I've been living for a few years renting an apartment in The Hague. I finally decided to buy a house and to quit my rent for which I sent a letter once month earlier.

The problem I have is that I'm behind by 2 months of rent. So after receiving the letter, I went from friend to enemy for the makelaar company. The contract is valid until the end of May, so I said the company I was going to pay 1 of those 2 rents by the end of May as soon as I get payed. They have answered in the worst possible way, even saying they have forwarded "my case" to a bailiff. This situation is rather frustrating for me because I truly made my best during all these years, and I'm just behind by a couple of months only. Besides, it's not my intention not to pay. I'm actually a bit concerned they will tray to retain my security deposit by all means (I had similar experiences in the past).

So my question is, is there a chance they may be bluffing with the bailiff? How this whole bailiff thing works (does the makelaar has to incur some costs)? Any information about this is helpful at this point.

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Fred Indonesia Expert

30681POSTS

9 years ago

Odd.
You say you're behind only two months and they hold a security deposit.
The deposit is commonly one month's rent.
If so, you're actually only one month behind and no one is going to take you to court after such a short time.

aaragon Member

11POSTS

9 years ago

So you say she's bluffing?

Cynic UK/Netherlands Expert

8186POSTS

9 years ago

In general, the law in Holland is very much biased towards the hirer; however, non-payment of rent is one of the regulatory reasons in law to terminate a rental contract. A bailiff is a "deurwaarder"; if this has been passed to them, then its already been through a court - they can't enter your home without a court-order. If they come, they will be looking for the full amount owed, plus their own reasonable costs (so court, bailiff and makelaar costs). As to the "bluffing" bit, I don't know, the Dutch are very organised and I suspect you won't be the first defaulter they have dealt with. My advice would be to go down there and try and sort it out as soon as possible; it may save you a lot of money.

With regards to your deposit, the landlord can withhold it until all outstanding money is paid. As long as you pay the rent and the apartment is in good/clean condition when you hand it back, then they can't hold it back.

What would concern me is if this has gone through a court, what it will do to your credit-score and ability to get a mortgage to buy a house in the future.