Interim relief judge suspends eviction of commercial premises: prospect of sale of business decisive
In brief
- The interim relief judge suspended the planned eviction until 31 December 2025, enabling the tenant to sell the business and use the proceeds to pay the rent arrears.
- The condition is that the tenant pays € 2,250 weekly to cover both the current rent and (part of) the arrears; failure to make payments results in immediate lapse of the suspension.
- The judgment shows that courts apply tailored solutions in enforcement disputes and may sometimes attach greater weight to the prospect of a structural solution than to immediate eviction.
In a recent judgment of the interim relief judge of the District Court of Noord-Holland (ECLI:NL:RBNHO:2025:6662), a tenant of commercial premises was granted a stay of eviction despite substantial accumulating rent arrears and an earlier judgment ordering eviction. The court considered that the tenant’s interest in selling the business temporarily outweighed the landlord’s interest in immediate eviction. Commercial tenancy law lawyer Thomas van Vugt discusses the case.
Rent arrears and eviction judgment
Since 2017, the tenant had operated a business in the commercial premises in question. From early 2023 onwards, he consistently paid late and in instalments. Earlier proceedings resulted in an order requiring him to pay over € 29,000 in rent arrears; eviction was also granted. The landlord’s lawyer announced that the premises would be evicted on 20 June 2025.
Enforcement dispute: suspension sought
The tenant lodged an appeal and applied in interim relief proceedings for suspension of the enforcement of the eviction judgment. He submitted that he wished to sell his business, with an expected yield of € 150,000 to € 200,000, which would enable him to pay the debt to the landlord. Eviction would render that sale impossible and lead to destruction of value.
Balancing of interests: rent payments versus value of business
Whilst the interim relief judge acknowledged that the tenant had seriously breached his payment obligations and was unable to produce a concrete buyer for the business, the tenant’s interest in preserving the business for a sale ultimately outweighed the landlord’s interest in eviction. A relevant factor was that the landlord had not yet found a new tenant and would therefore himself (temporarily) have no rental income in the event of immediate eviction.
Interim solution: conditional suspension
The court suspends the eviction until 31 December 2025, on condition that the tenant pays € 2,250 weekly to the landlord. This payment must cover the current rent and (partially) pay off the arrears. If he fails to comply with this obligation, the suspension lapses immediately and the landlord may proceed with eviction.
Conclusion: prospect of final solution may temporarily prevent eviction
This judgment shows that courts can provide tailored solutions in enforcement disputes. Even where a tenant has substantially breached his obligations, a temporary suspension of eviction may be granted provided there is a prospect of a structural solution that is also in the landlord’s interest, such as a sale of the business with which the rent debt can be paid.
