Wonen, Buren
Particulier
Tenant refuses to move out?
I have rented out an apartment to my tenant with a 1-year temporary contract, which ends in Jan-2023. During the rental period, the tenant made hell of noisy parties and crazy music at like 2,00am. About 2 months before the end of the contract, I informed him properly, that the contract will terminate and there will be no new contract. Then my tenant just refused to move out and I decided to write a summon (self-procedure) and send the case to the court. To my surprise, my tenant found a lawyer to allow the case to continue. The lawyer did not make too much strong points in the whole procedure but managed to hold back the procedures again and again, for months and months.
Also during the meantime, the tenant stops paying the rent. After 3 months without payment, I started another 'voorlopige voorziening' procedure (also a self-procedure) and requested the tenant to pay the unpaid rent and be evicted. The judge supported the payment, however, claimed that the eviction can only be ordered in the main case. One major reason is that my tenant has 2 minor children. During the voorlopige voorziening, the judge also set out the date for the main case in June, but later on, postponed the hearing the first time to August and then recently postponed the hearing a second time to October. That likely means the eviction order (if there is one), can only arrive in November or December.
In the meantime, my tenant only paid a little amount, which is even far less than the amount in the verdict from the voorlopige voorziening.
So I am looking for some advice that if there is any method or other legal options to 'stop the bleeding'. As I know, even if I could win the case, getting the money back (even through a bailiff) can be a tough procedure (e.g. tenant does not have money in the bank and have no valuable precessions). Therefore, I am wondering, if there is any chance that I could get an eviction order from the court (or any other method to get rid of my current tenant), any sooner than November or December.
Also during the meantime, the tenant stops paying the rent. After 3 months without payment, I started another 'voorlopige voorziening' procedure (also a self-procedure) and requested the tenant to pay the unpaid rent and be evicted. The judge supported the payment, however, claimed that the eviction can only be ordered in the main case. One major reason is that my tenant has 2 minor children. During the voorlopige voorziening, the judge also set out the date for the main case in June, but later on, postponed the hearing the first time to August and then recently postponed the hearing a second time to October. That likely means the eviction order (if there is one), can only arrive in November or December.
In the meantime, my tenant only paid a little amount, which is even far less than the amount in the verdict from the voorlopige voorziening.
So I am looking for some advice that if there is any method or other legal options to 'stop the bleeding'. As I know, even if I could win the case, getting the money back (even through a bailiff) can be a tough procedure (e.g. tenant does not have money in the bank and have no valuable precessions). Therefore, I am wondering, if there is any chance that I could get an eviction order from the court (or any other method to get rid of my current tenant), any sooner than November or December.