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Ground for Termination: Urgent Own Use

In Westland, a landlord may terminate your rental agreement for **urgent own use** if they wish to move in themselves. Learn the requirements, your options, and steps at the District Court of The Hague.

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Ground for Termination: Urgent Own Use in Westland

**Urgent own use** constitutes a valid statutory basis for landlords in Westland to terminate an indefinite-term lease agreement, provided they urgently need the property themselves. This provision, enshrined in the Rental Act 2024, protects landlords with an acute housing need, but tenants in Westland have strict safeguards. You can lodge an objection with the District Court of The Hague (district) or seek advice from the Westland Legal Desk. This article highlights the operation, conditions, rights, and procedures specific to Westland.

What does urgent own use entail for Westland?

In the Westland region, urgent own use applies as a ground for termination when the landlord wishes to occupy the property themselves, as regulated in Article 7:293 of the Dutch Civil Code. Examples:

  • Divorce with a need for housing for children in Westland.
  • Older landlord seeking a ground-floor property in Westland due to mobility issues.
  • Temporary bridging during relocation within the Westland greenhouse horticulture region.

The landlord must demonstrate a urgent interest: no suitable alternative in Westland or the surrounding area, plus a concrete intention to occupy. If insufficient evidence is provided, the District Court of The Hague may block the termination.

Statutory basis in Westland

Article 7:293 of the Dutch Civil Code requires:

  • Occupation by the landlord or close family.
  • No reasonable alternative, such as elsewhere in Westland.
  • Demonstrable urgency with supporting documents.

Termination must be in writing with notice period (minimum 3 months). In case of dispute: proceedings before the District Court of The Hague, location The Hague or Lelystad. Contact the Westland Legal Desk for free initial assistance.

When does termination qualify in Westland?

Landlords in Westland must meet three conditions:

1. Demonstrate reasonable need

Genuine necessity, e.g., due to divorce, health, or temporary housing in Westland.

2. No alternative in Westland

Proof of search for equivalent options, taking into account the local market (e.g., horticulture-related work). The court examines this strictly.

  • Specific requirements such as elevators or proximity to family in Westland.
  • Budget constraints on the Westland rental market.

3. Urgent nature

Immediate and unavoidable need; speculation or subsequent re-letting must be excluded. Failure to comply within 6 months: possible damages claim via the District Court of The Hague.

Your rights as a tenant in Westland

You do not have to agree. Within 2 months after termination notice, object to the court. The Westland Legal Desk assists with:

  • Drafting a letter.
  • Initiating proceedings at the District Court of The Hague.
  • Claiming compensation (moving costs).

Procedure at the District Court of The Hague

Landlord serves summons; you respond with statement of claim. Local hearings in The Hague. High success rate for defective termination notices.

Tips for Westland tenants

  • Keep all correspondence.
  • Check landlord's search efforts.
  • Call the Westland Legal Desk (free for low incomes).