When to Involve the Canton Court?
In rental disputes in Westland, you cannot always go to the Huurcommissie. For issues such as tenancy protection, eviction proceedings, or claims for damages, the canton court is the appropriate authority. It can make legally binding decisions and impose sanctions.
Which Disputes Does the Court Handle?
| Type of Dispute | Competent Authority | Court Fee (2024) |
|---|---|---|
| Tenancy Protection | Canton Court | €87 - €223 |
| Eviction | Canton Court | €87 - €223 |
| Arrears of Rent | Canton Court | €87 - €223 |
| Damage Claims | Canton Court | €87 - €223 |
| Co-Tenant Status | Canton Court | €87 - €223 |
| Renovation or Maintenance | Canton Court | €87 - €223 |
Step-by-Step Procedure at the Canton Court
- Draft a writ of summons or petition
- Have this document formally served by a bailiff
- Pay the required court fees
- Attend the hearing
- Await the judgment of the court
Support for Legal Proceedings
Is a Lawyer Required?
At the canton court, a lawyer is not mandatory, but legal assistance can be valuable:
- Juridisch Loket Westland (free advice)
- Legal expenses insurance or subsidized assistance
- Engage a lawyer for complex cases
- Woonbond (support for members)
Overview of Legal Proceedings Costs
Take the following expenses into account:
- Court Fee: Between €87 and €223, depending on income and case
- Bailiff Costs: For serving the writ of summons
- Lawyer Costs: If you engage legal representation
- Costs of Proceedings: The losing party often bears part of the winner's costs
Legal Aid with Subsidy
With a low income, you may be eligible for a subsidized legal aid certificate:
- Income below €30,000 (single) or €42,400 (cohabiting)
- Assets within permitted limits
- Own contribution between €82 and €855
- Application via a lawyer
Can I Conduct a Case Without a Lawyer?
Yes, at the canton court this is possible. The Juridisch Loket Westland provides support.
What If I Lose the Case?
In that case, you may be required to pay part of the opponent's costs of proceedings, often a fixed amount.
What is the Duration of a Rental Case?
Typically, a case takes 3 to 6 months. In urgent cases (summary proceedings), it can be faster.
Frequently Asked Questions About Renting in Westland
What are my tenant rights?
As a tenant in Westland, you are entitled to a safe home, protection against unreasonable rent increases, and you can demand action if the home is uninhabitable.
May my landlord increase the rent arbitrarily?
No, rent increases must comply with statutory rules. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.
What Happens to My Deposit?
The landlord must keep the deposit in an account and must refund it within 30 days after the end of the tenancy, unless damage has been found.
How Do I Terminate My Tenancy?
You can terminate the tenancy by observing the notice period in your contract. This usually needs to be done in writing.
What to Do with a Poorly Maintained Home?
Request the landlord in writing to carry out repairs. If there is no response within a reasonable time, you can have repairs carried out yourself and offset the costs against the rent.