o you have a conflict with your (former) employer, tenant, landlord, or someone else who has not fulfilled their obligations? Then it is important to know whether you can still assert your rights. Under Dutch law, rights can expire due to limitation periods or lapse.
In this blog, we explain:
what a limitation period is
within which timeframe you must take action
how to prevent expiration through interruption
what the difference is between limitation and lapse of rights
What is a limitation period?
A claim becomes time-barred if you wait too long before taking legal action. After that, you can no longer enforce your right through the courts.
What are the limitation periods?
The most common limitation period is five years from the moment you are able to enforce your right. Below are the limitation periods for common claims:
Employment law
General claims such as overdue wages or holiday pay have a limitation period of five years.
Please note: employment law also includes very short lapse periods of two to three months for special compensation. It’s advisable to act quickly after the end of employment to avoid losing your rights.
Tenancy law
Overdue rent or settlement of service charges → five years
Requests to assess the initial rent of your house or room must be submitted to the Dutch Rent Tribunal (Huurcommissie) within six months of the start or renewal of the tenancy
General agreements (e.g., contracts)
Performance of contractual obligations (payment, delivery, etc.) → five years
Claims for damages (e.g., breach of contract or tort) → five years from the moment you became aware of the damage and the liable party
How do you prevent limitation? – Through interruption
You can prevent limitation by interrupting the period. This restarts the limitation period and ensures that your right remains valid. You must interrupt before the original period expires.
Examples of acts of interruption:
Sending a written notice in which you clearly assert your right
Initiating legal proceedings
Note: A simple reminder or conversation is not sufficient! A letter of interruption must meet specific legal requirements. We are happy to help you draft a legally compliant interruption letter.
How do you prevent lapse? – By acting on time
Lapse means your right irrevocably expires after a certain period. Unlike limitation, lapse cannot be interrupted. If you’re too late, your right is permanently lost.
Examples from practice:
You were dismissed on 1 March, and your employer does not pay you transitional compensation. If you do not initiate legal proceedings by 1 June, your right lapses.
Your fixed-term contract ended on 1 March, and you did not receive the required one-month notice. If you have not initiated legal proceedings by 1 May, your right to compensation in lieu of notice lapses.
Need legal help?
Are you dealing with a tenancy, employment, or contract dispute and unsure whether your claim has expired or lapsed? Then it is crucial to seek legal advice promptly. We can assess whether your claim is time-barred, draft a legally valid interruption letter, or initiate legal proceedings on your behalf.
At Mr. Berendsen Advocaten, we are committed to safeguarding the rights of tenants, landlords, employees, employers, and contracting parties. We carefully assess your situation so that you know where you stand.
Contact us at 020 663 0339 or email info@mrberendsen.nl.
