What is a sommatie for a rental property?
A **sommatie** is an official, legal demand from your landlord to settle a debt (for example, **rent arrears**, repair of damage or other costs) within a certain period – usually **14 days**. It is a step in the process that can lead to **eviction** if you do not respond. The sommatie is a statutory requirement prior to further legal steps, such as a **payment order** or **enforcement order**.
As a tenant, it is important to take a sommatie seriously. It is your last chance to resolve a conflict with your landlord without it escalating to court proceedings or eviction. In this article, we explain what a sommatie entails, how to deal with it and what rights you have.
When do you receive a sommatie?
A sommatie is usually sent if there is **rent arrears** or other breaches of your tenancy agreement, such as:
- Rent arrears: You are behind on payments for several months.
- Repair of damage: You have caused damage to the property and refuse to compensate for it.
- Other costs: For example, costs for services or maintenance that you must pay.
- Breaches of the tenancy agreement: Such as failure to comply with house rules or subletting without permission.
The landlord is legally required to first send you a **sommatie** before proceeding further, such as with a **payment order** or **enforcement order**. This is laid down in Book 7 of the Dutch Civil Code (BW), in particular article 7:960 and 7:961.
What does a sommatie look like?
A sommatie is a formal letter that is usually sent by **registered mail** or **e-mail**. It contains:
- The reason for the sommatie (e.g., rent arrears of €X).
- The amount you must pay, including any costs (such as interest or procedural costs).
- A **deadline** (usually 14 days after receipt) by which you must settle the debt.
- A warning that further legal steps will follow if you do not respond.
- Sometimes a request to contact them to discuss a solution.
Important: A sommatie is not the same as a **payment reminder**. A sommatie has legal value and can lead to further legal proceedings.
What are your rights when you receive a sommatie?
Even though a sommatie may sound like a threat, as a tenant you have rights and can respond. Here are the most important points:
1. You may dispute the sommatie
If you disagree with the sommatie (for example, because you think the amount is incorrect), you can notify the landlord of this in writing. Send an **acknowledgment of receipt** (for example, by **registered letter**) with your position. This can prevent the landlord from immediately proceeding with legal steps.
2. You are entitled to a reasonable period
The law stipulates that a sommatie must provide a **reasonable period** to respond. This is usually 14 days, but in some cases it can be longer, for example if you can demonstrably prove financial difficulties. Discuss this with your landlord.
3. You can seek help from a lawyer or tenants' organisation
If you do not know how to respond or if you cannot pay the amount, you can seek legal assistance. Organisations such as:
- Huurdersbond
- Legal Aid (from Arslan Advocaten)
- A lawyer specialised in tenancy law
4. Your landlord must act reasonably
A landlord may not send an arbitrary sommatie. He must prove that you are actually in debt and that the sommatie is proportionate. If the landlord, for example, demands an incorrect amount or provides no evidence, you can challenge this.
What are your obligations upon receiving a sommatie?
As a tenant, you also have obligations when you receive a sommatie:
- Respond in time: If you acknowledge the debt, pay it within the specified period to prevent further steps.
- Contact if you disagree: Send a written response with your arguments to avoid misunderstandings.
- Seek solutions: If you cannot pay the debt, discuss a **payment arrangement** or **settlement** with your landlord.