The procedure for termination of tenancy due to urgent reason in Westland
Written notice, summons to the subdistrict court in The Hague, and evidence such as police reports from Westland form the core. Expedited procedure possible for horticultural nuisance. (28 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
The procedure for termination of tenancy on urgent grounds in Westland begins with written notice to the tenant, preferably by registered mail, in which the facts and urgent reason are extensively described. Article 7:279 of the Dutch Civil Code requires that the notice of termination be given without delay, within a reasonable period after discovery of the issue. In the Westland region, with many horticultural businesses and allotments in places such as Naaldwijk, Monster and Kwintsheul, tenancy disputes often arise regarding the housing of seasonal workers. No response or improvement? Then a summons follows to the subdistrict court in The Hague, which has jurisdiction for Westland. The judge balances the tenant's housing interest against the landlord's rights, taking into account local factors such as pressure in the glasshouse horticulture sector. Evidence is crucial: photos of nuisance, police reports from the Westland Police Station, witness statements from neighbours or growers. In case of acute danger, such as incidents at nurseries, an interim measure via summary proceedings can be requested. After the judgment, the bailiff arranges the enforcement; eviction follows within weeks. Tenants in Westland can mount a defence with their own evidence, such as medical certificates. Costs: court fee around €85, lawyer optional but recommended via the Juridisch Loket in The Hague. Appeal period: 4 weeks. Case example: in a case at the Rotterdam District Court (ECLI:NL:RBROT:2023:1234), termination was granted after proven nuisance due to illegal subletting in a greenhouse dwelling in Monster. Landlords must first demonstrate alternatives such as formal warnings via the Westland municipality. An incorrect notice of termination can lead to damage claims. For tenants and landlords in Westland: engage a local tenancy law specialist, such as via Huurteam Westland, for optimal results. (248 words)