What Does Termination of a Lease Agreement Mean?
Termination of a lease agreement is a legal step whereby the court terminates a tenancy contract due to a serious breach by the tenant or landlord. This is a more drastic measure than a regular notice of termination and requires a court procedure.
Reasons for Termination
| Breach | By Whom | Example Situation |
|---|---|---|
| Non-payment of rent | Tenant | Long-term payment arrears |
| Extreme nuisance | Tenant | Disturbance of peace in the neighbourhood |
| Prohibited activities | Tenant | Illegal cultivation in the property |
| Neglect of maintenance | Landlord | No repair of defects |
| Infringement of privacy | Landlord | Unannounced entry |
Steps in the Termination Procedure
- Establishing the breach
- Sending a formal warning (notice of default)
- If no improvement: submitting the case to the court
- Hearing at the district court in The Hague
- The judge assesses the situation and interests
- Possible termination with order for eviction
Termination by the Tenant in Westland
When Can You as a Tenant Demand Termination?
As a tenant in Westland, you can request termination in cases of serious negligence by the landlord, such as:
- Major defects that are not resolved
- Repeated violation of your privacy
- Threatening or intimidating attitude
- Uninhabitable condition of the property
Consequences of Termination
- The lease agreement ends immediately or on a specified date
- The property must be vacated
- Damages may be claimed
- Outstanding debts remain payable
Defence Against a Termination Request
If you are confronted with a termination request, you can defend yourself by:
- Refuting the breach
- Providing evidence that you are addressing the problem
- Explaining your personal situation and interests
- Mentioning relevant circumstances
Does termination differ from notice of termination?
No, notice of termination is a unilateral action, whereas termination requires a judicial decision due to a breach.
Can termination be prevented?
Yes, by remedying the breach in time, for example by fully settling rent arrears before the judgment.
What if the judge approves termination?
You get a certain period to vacate the property. If you do not leave voluntarily, a forced eviction may follow.
Frequently Asked Questions about Termination in Westland
What are my rights as a tenant in Westland?
As a tenant, you have the right to a safe, habitable property, protection against unreasonable rent increases and the possibility to take action if the property does not meet the standards.
Can a landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The deposit must be held by the landlord and refunded within 30 days after the end of the tenancy, unless damage has been found.
How do I give notice to terminate my lease in Westland?
Notice of termination must be given in writing, observing the notice period as stated in your lease agreement.
What to do with a poorly maintained property?
Ask the landlord in writing to carry out repairs. If this does not happen, you can take action yourself and offset the costs against the rent, provided it is reasonable.