Tenant Protection in Westland: When May the Landlord Not Terminate?
Tenant protection ensures that a landlord in Westland cannot terminate a tenancy agreement without a valid reason. As a tenant, you have the right to remain in your home, provided there is no statutory ground for termination.
Basic Rule for Termination
A landlord may only terminate under the following conditions:
- There is a statutory reason for termination
- The correct procedure is followed
- The tenant consents OR the court grants permission
What Are Statutory Reasons for Termination?
| Reason | Explanation |
|---|---|
| Improper tenant conduct | For example, non-payment, causing nuisance or neglecting the property |
| Necessary own use | The landlord urgently needs the property for their own use |
| Refusal of reasonable proposal | Refusing a new tenancy agreement without good reason |
| Implementation of zoning plan | The municipality changes the designation of the property |
What Does Not Count as a Valid Reason?
- Sale of the house
- Desire for a higher rent
- Preference for another tenant
- Minor renovations (only very major renovations count)
Steps in Termination
- An official letter stating the reason for termination
- A notice period of 3 to 6 months
- As a tenant, you can agree or refuse
- If refused, the landlord must go to court
- The court assesses whether the termination is justified
Frequently Asked Questions about Tenant Protection
What if I do not respond to a termination notice?
No response means you do not consent. The landlord must then initiate legal proceedings.
May I remain in the property during legal proceedings?
Yes, you may continue to live there until the court has issued a final judgment.
Tenant protection is an important right in Westland. Do not be intimidated and seek legal assistance in case of termination, for example via the Juridisch Loket Westland.
Frequently Asked Questions
What rights do I have as a tenant in Westland?
You have the right to a safe, well-maintained home, protection against unjustified rent increases, and the ability to take action if the property is uninhabitable.
Can my landlord just increase the rent?
No, rent increases are subject to strict rules. The landlord must announce this in writing at least two months in advance and may not exceed the statutory limit.
What happens to my deposit?
The deposit must be held in a separate account and refunded within 30 days after the end of the tenancy, unless there is damage to be deducted.
How do I terminate my tenancy?
You can terminate according to the notice period in your contract, usually in writing and observing the agreed period.
What to do if the property is poorly maintained?
Request the landlord in writing to carry out repairs. If this does not happen within a reasonable time, you may carry out the repairs yourself and deduct the costs from the rent.
Additional Frequently Asked Questions
Can the landlord terminate upon sale of the property?
No, sale is not a valid reason. The new owner takes over the tenancy agreement and must respect the same rules. You retain your rights, unless the new owner demonstrates that they urgently need the property for their own use.
What to do upon receipt of a termination notice?
Check whether the reason is statutorily permitted (e.g., own use or payment arrears). Respond in writing within 6 weeks, even if you agree. If in doubt: refuse and let the landlord go to court. Contact the Juridisch Loket Westland for advice.
Can I be evicted after one late payment?
No, a single late payment is not grounds for termination. Only in case of prolonged arrears (e.g., three months) may this be a reason. The landlord must first warn you in writing and offer a payment period.
How long does a tenancy court case take and what does it cost?
A case at the District Court of The Hague often takes 3 to 6 months. Costs vary: court fees (€100–€500) and lawyer fees (€1,000–€3,000). If you win, costs are often reimbursed by the landlord. With a low income, you can apply for subsidized legal aid.
Is termination possible for renovation?
Only for very extensive renovation works that make occupation impossible.