Indefinite-Term Rental Agreement in Westland - Your Rights and Protection
An indefinite-term rental agreement provides tenants in Westland with the greatest security and statutory protection. This contract has no fixed end date and can only be terminated by the landlord under specific conditions.
What Does an Indefinite-Term Contract Entail?
A rental agreement for an indefinite term means that no end date has been set. The tenancy continues until one of the parties terminates it. This provides tenants in Westland with optimal tenant protection.
Your Tenant Protection in Westland
As a tenant with an indefinite-term agreement, you benefit from extensive rights:
- Termination restrictions: Landlords cannot terminate without a valid reason
- Limited rent increase: Annual increase is capped (social housing)
- Continuity upon sale: Principle of "purchase does not break rent"
- Succession upon death: By cohabitants or partners
When Can a Landlord Terminate?
A landlord may only terminate on the basis of statutorily prescribed grounds:
| Ground for Termination | Explanation |
|---|---|
| Problematic tenant behaviour | Repeated non-payment, nuisance or damage |
| Necessary own use | Landlord wishes to occupy the property themselves |
| Rejection of reasonable proposal | Tenant refuses a new contract without reason |
| Change in zoning plan | Municipality of Westland changes the designation |
| Renovation or demolition | Major works make occupation impossible |
Steps in Landlord Termination
- Written notice: By registered mail with termination reason
- Termination period: Minimum 3 months, up to maximum 6 months
- Tenant consent: Tenant must agree, otherwise court proceedings follow
- Judicial review: Only the court can approve termination
Termination Periods for Landlords
| Duration of Tenancy | Termination Period |
|---|---|
| Less than 1 year | 3 months |
| 1 to 2 years | 4 months |
| 2 to 3 years | 5 months |
| 3 years or more | 6 months |
Terminating as a Tenant in Westland
As a tenant, you can terminate relatively easily:
- Termination period: Between 1 and 3 months
- No reason required: You do not need to provide a reason
- Written termination: Preferably by registered mail
- End of the month: Unless otherwise agreed
From Temporary to Indefinite Contract
A temporary rental agreement automatically becomes indefinite if:
- The agreed period has expired AND
- The landlord does not terminate in time AND
- The tenant remains in the property in Westland
The landlord must terminate at least one month before the end of the fixed term.
Rules for Rent Increases
With an indefinite contract, the landlord may adjust the rent annually:
Social Housing (up to €879.66)
- Maximum permitted percentage (based on inflation)
- Additional increase possible for higher income
Private Sector (above €879.66)
- According to agreements in the contract
- Often based on inflation (CPI)
What if the Property is Sold?
If the property is sold, the principle "purchase does not break rent" applies. This means:
- Your rental agreement remains valid
- The new owner becomes your landlord
- Your rights do not change
- The new owner cannot terminate without reason
Death of the Tenant
Upon death, cohabitants in Westland may succeed to the tenancy:
- Partner or spouse: Immediate continuation
- Co-tenant: Automatic succession
- Other cohabitants: Submit request within 6 months
Frequently Asked Questions in Westland
Can a landlord terminate due to sale?
No, sale is not a statutory ground. The contract continues with the new owner.
How long may I stay in my rental property?
In principle indefinitely, provided you comply with the rules and pay the rent.
What if the landlord terminates without reason?
You do not have to leave. The landlord must go to court, which will assess the situation.
An indefinite-term rental agreement provides the best housing security in Westland. Do not be intimidated by unjustified terminations. For legal advice, you can contact the Juridisch Loket Westland or submit matters to the District Court of The Hague.