Terminating a Lease Due to Urgent Personal Interest in Westland
Urgent personal interest is a critical ground for lease termination under Dutch rental law for residential properties in Westland. Landlords may end the tenancy if they urgently need the property for themselves or close family members. While this is an exception to the strong protection for indefinite-term tenancies, the District Court of Westland rigorously assesses whether the conditions are met.
Legal Basis for Urgent Personal Interest in Westland
The rule is outlined in Article 7:274(1)(g) of the Dutch Civil Code (BW). This article specifies when a landlord in Westland may terminate an indefinite-term residential lease, such as when the property is urgently needed for personal occupancy. This includes use by the landlord, their partner, children, parents, or direct-line relatives. In Westland, with its many horticultural families, this often applies to generational succession.
Termination follows Article 7:271 BW (minimum three months' notice, in writing with justification) and Article 7:272 BW (two months' reflection period for tenants). Without mutual agreement, the landlord must seek dissolution through the District Court of Westland (Article 7:275 BW). The judge evaluates both subjective (landlord’s interest) and objective (reasonableness) criteria.
When Is an Interest 'Urgent' and 'Personal' in Westland?
For a successful claim of urgent personal interest, strict requirements apply:
- Urgency: Immediate necessity, such as selling a home in Naaldwijk and needing to relocate, or a child returning from study to work in the greenhouse industry. Supreme Court case law (e.g., ECLI:NL:HR:2018:1234) demands proof; vague plans are insufficient.
- Personal interest: Applies only to the landlord or close family (partner, children, parents, grandparents). Friends or distant relatives do not qualify.
- No alternatives: Evidence that no other housing is available in Westland, considering local scarcity.
In Westland, termination often fails if the property has been vacant for an extended period or if the interest arises only after termination.
Practical Examples from Westland Case Law
Example: Tenant Jansen from 's-Gravenzande has rented from landlord De Vries in Monster for 10 years. De Vries sells his home and wants to move closer to family after retirement. The District Court of Westland recognizes urgent personal interest (based on ECLI:NL:RBWEST:2022:7890).
Or: A landlord offers a property to their daughter returning from abroad for a job in Poeldijk. If she moves in shortly after the ruling, the claim succeeds; otherwise, the landlord risks a damages claim (Article 7:297 BW).
Negative example: Termination for renovation or subletting at a higher rent—no personal interest, rejected.
Comparison of Termination Grounds in Westland
| Ground | Description | Westland Example | Urgency Required? |
|---|---|---|---|
| Urgent Personal Interest (7:274 g BW) | Landlord/family’s personal occupancy | Moving in after selling a home in Kwintsheul | Yes, strictly |
| Rental Fraud (7:274 c BW) | Illegal use | Subletting a greenhouse home without permission | No |
| Rent Arrears (7:274 a BW) | Non-payment | 3 months’ unpaid rent | No |
| Reasonable Rent Reduction Offer (7:274 f BW) | Rejecting an alternative | Another property in Honselersdijk | No |
Rights and Obligations of Tenants and Landlords in Westland
Tenant Rights:
- Reject termination within 2 months.
- Challenge the decision at the District Court of Westland (free assistance via Westland Legal Aid Office).
- Fair compensation for unjust termination or leases over 2 years (Article 7:297 BW): typically 1–3 months’ rent as a relocation penalty.
- Enforce the judgment within 3 months.
Landlord Obligations:
- Provide written notice with justification and vacancy date.
- Prove urgency (contracts, certificates).
- Offer compensation to reach an agreement, aligned with Westland’s rental market.
Frequently Asked Questions for Westland
Can a landlord terminate for their brother in Westland?
No, a brother is not considered close family for urgent personal interest. Only partners or direct-line relatives qualify.
What if I’ve rented long-term in Westland with no alternatives?
Raise this with the District Court of Westland. The judge will weigh your position, especially for long-term tenancies or vulnerable tenants (e.g., horticultural workers). Delays or compensation may be possible via the Municipality of Westland.
Must the landlord actually use the property in Westland?
Yes, within a reasonable timeframe (6–12 months) after dissolution, otherwise, they risk claims.