Termination of Tenancy for Urgent Cause in Westland
Termination of tenancy due to an urgent cause is a legal procedure by which a tenant or landlord in Westland can dissolve the lease agreement in cases of serious, intolerable situations. This differs from a standard notice of termination and requires a formal approach with a clear legal basis. In this article, we explain what an urgent cause precisely entails, the relevant legislation and how to handle it in practice in the Westland region.
What constitutes an urgent cause for termination of tenancy?
An urgent cause concerns such a compelling circumstance that continuation of the tenancy is impossible for the tenant or landlord. Think of persistent nuisance, damage to the property or a significant change in living conditions. The law requires that this cause be reported immediately, so that the other party can respond or remedy it.
This provision falls under Book 7 of the Dutch Civil Code (DCC), specifically Article 7:279(1). It stipulates that the lease agreement can be dissolved for an urgent cause, provided it is convincingly proven and not confused with a regular notice of termination.
Legal basis: Article 7:279 DCC
The core of this procedure is Article 7:279 of the Dutch Civil Code, which states:
The tenant or landlord may terminate the lease agreement if an urgent cause compels them to do so.
Article 7:279(2) provides examples of urgent causes:
- Persistent nuisance, such as noise disturbance, threats or vandalism.
- Breach of the purpose clause (see article on property purpose and use), e.g. unauthorised commercial use.
- Health hazards such as mould growth, asbestos or extreme filth.
- Payment arrears or bankruptcy of the tenant.
In Westland, the District Court of The Hague (district) determines whether a situation qualifies as urgent. Evidence is crucial to demonstrate that the tenancy can no longer be sustained.
Practical examples in Westland
Below are concrete situations that can lead to termination of tenancy in Westland:
1. Neighbour-related nuisance
In cases of ongoing noise disturbance, intimidation or damage by fellow tenants, and if the landlord does not intervene, the tenant may terminate for urgent cause.
2. Improper use of the property
Landlords in Westland can intervene if a rental property is converted into a business premises or used for risky storage without permission, such as hazardous materials.
3. Health threats
Mould, asbestos or lack of basic facilities such as water or drainage constitute an urgent cause. Tenants can then dissolve the agreement.
4. Payment problems
Chronic rent arrears or the tenant's financial downfall justify termination by the landlord.
Rights and obligations in case of urgent cause
Both parties have specific rights and obligations. For free advice in Westland: Legal Counter Westland.
Rights of the tenant
- Safe living environment: Dissolution in cases of uninhabitable conditions such as asbestos or mould.
- Protection against nuisance: If the landlord does not act against neighbour nuisance.
- Financial safeguards: In cases of unaffordable rent due to loss of income.
Rights of the landlord
- Acting in cases of non-payment or misuse.
- Enforcement of contract conditions.
Always consult the District Court of The Hague for procedures in Westland or the Legal Counter Westland for assistance.