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Termination of Lease Agreement Example in Westland

Legal info in Westland

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```json { "title": "Termination of Lease Agreement Example", "seoTitle": "Termination of Lease Agreement Example | Legal Assistance", "seoDescription": "View a legally correct termination example and steps for your lease agreement. Read here how to do it!", "excerpt": "A **termination of lease agreement** is a formal termination of your lease agreement, often required when moving out or in case of disputes. Discover here a **legally correct example** and the steps you must follow, including legislation and practical tips.", "content": "\n
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Termination of Lease Agreement Example

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\n A **termination of lease agreement** is an official statement by which you or your landlord terminates the lease agreement. This may be necessary when moving out, in case of a conflict, or if the agreement is no longer desirable. A **legally correct example** helps you formulate the termination correctly, so you avoid problems with your landlord or the court.\n

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\n In this article, we explain how to draft a termination, which **legal rules** apply, and what to do if you or your landlord wants to terminate the agreement. We also provide a **practical example** that you can adapt to your situation.\n

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What is a termination of lease agreement?

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\n A **termination of lease agreement** is a formal statement that you or your landlord wishes to terminate the agreement. This can happen in various ways, depending on the situation:\n

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  • Mutual consent: Both parties agree to terminate the agreement.
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  • Unilateral termination: One party (usually the tenant or landlord) wants to end the agreement, for example, in case of a **serious breach of the agreement** or at the **end of the rental period**.
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  • Termination by the court: If there is a conflict and the parties cannot agree, the court may terminate the agreement.
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\n The **legal basis** for termination is primarily found in Book 7 of the Dutch Civil Code (BW), particularly Article 7:270 et seq. In addition, there are specific rules for **residential tenancy** (Housing Rental Act 2015) and **commercial tenancy**.\n

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When may you terminate the lease agreement?

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\n Whether you may terminate the agreement depends on the situation. Below are the main scenarios in which termination is possible:\n

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1. Termination by mutual consent

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\n If both parties agree, the lease agreement can be terminated simply. This is often the case when:\n

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  • The **end of the rental period** (for fixed-term lease agreements).
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  • A **desire to move** (if the landlord agrees).
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  • An **agreement on notice** (for example, if the tenant finds a new home and the landlord accepts this).
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\n In this case, you do not need to draft a formal termination statement, but a **notice letter** is advisable. See our article on notice of lease agreement for more information.\n

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2. Unilateral termination by the tenant

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\n If the tenant wants to terminate the agreement unilaterally, there are specific rules. This is only possible in certain cases:\n

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  • For an indefinite-term lease agreement: The tenant may give notice with a **notice period** (usually 1 month). This is provided in Article 7:270 BW.
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  • For a fixed-term lease agreement: The tenant may only terminate if the landlord consents or if there is a **serious reason** (for example, poor condition of the house).
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  • For a residential tenancy agreement (Housing Rental Act 2015): The tenant may terminate the agreement if the landlord fails to fulfill its obligations, such as **no maintenance** or **unsafe conditions**.
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\n Note: for a **commercial lease agreement** (e.g., office space), the rules are stricter. Here, the tenant can often only terminate if the landlord gives permission or if there is a **serious breach**.\n

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3. Unilateral termination by the landlord

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\n The landlord may terminate the lease agreement in the following cases:\n

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  • For a fixed-term lease agreement: The landlord may terminate the agreement when the agreed period has expired.
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  • For an indefinite-term lease agreement: The landlord may give notice with a notice period (usually 1 month), but only if there is a **serious reason**, such as **arrears of rent**, **damage to the property**, or **unlawful use**.
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  • For a residential tenancy agreement (Housing Rental Act 2015): The landlord may terminate the agreement if the tenant fails to fulfill its obligations, such as **not paying rent** or **neglecting the property**.
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\n The landlord must always have a **valid reason** to terminate the agreement. Without such a reason, the termination is often **null and void**.\n

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4. Termination by the court

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\n If the parties cannot agree on the termination, one of the parties may approach the court. The court may terminate the agreement if:\n

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