Can a Landlord Terminate the Tenancy?
In Westland, a landlord cannot terminate the tenancy just like that. This is only permitted on the basis of statutory reasons. As a tenant, you enjoy strong rent protection. Even in the event of termination, you do not have to leave unless you agree or the court issues an eviction judgment.
Statutory Grounds for Termination
| Ground | Explanation | Notice Period |
|---|---|---|
| Poor tenant conduct | For example, non-payment or causing nuisance | At least 3 months |
| Necessary own use | Landlord needs the property themselves | At least 6 months |
| Rejection of reasonable offer | You refuse a new tenancy agreement | At least 3 months |
| Realisation of intended use | In case of demolition, renovation or change of plan | At least 6 months |
Steps in Tenancy Termination
- Landlord sends an official termination letter by registered mail
- The letter states the reason and the notice period
- You have 6 weeks to respond in writing
- If no agreement, the tenancy continues as normal
- Landlord must go to the District Court of The Hague for termination
Necessary Own Use: What Does That Entail?
Strict Requirements
The landlord must prove that:
- The property is urgently needed for their own use
- No alternative solution exists
- Replacement accommodation is available for you
- Their interest prevails over yours
What to Do in Case of Termination in Westland?
- Disagree? Let the landlord know in writing within 6 weeks
- Keep paying: Prevent arrears in rent
- Seek help: Contact Juridisch Loket Westland
- Wait: You do not have to leave without a court order
Diplomat Clause in Westland
If there is a diplomat clause (temporary rental of an owner-occupied property), the landlord has more options for termination, but specific rules also apply here.
Do I have to leave if the landlord wants to sell?
No, sale of the property is not a valid ground for termination. The new owner takes over your tenancy agreement.
May the landlord terminate because their child wants to live in the property?
This may fall under necessary own use, but the landlord must meet strict conditions and you are entitled to suitable replacement accommodation.
What if I do not respond to the termination letter?
No response does not mean you agree. The landlord must still initiate legal proceedings via the District Court of The Hague.
Frequently Asked Questions about Tenancy in Westland
What are my tenancy rights?
As a tenant, you are entitled to safe accommodation, protection against unreasonable rent increases, and the right to demand repairs if the property is not habitable.
Can the landlord increase the rent just like that?
No, rent increases must comply with statutory rules. The landlord must notify 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 kept by the landlord in an account and refunded within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy?
You can terminate the tenancy observing the notice period in your contract, usually in writing and with one month's notice.
What if my property has defects?
Request the landlord in writing to carry out repairs. If this does not happen within a reasonable time, you can take action yourself and offset costs against the rent.