Interim Termination Clause in Rental Agreements Westland
An interim termination clause is a provision in a rental agreement that allows the contract to be terminated before the normal notice period has expired. This clause can benefit both the tenant and the landlord, but must always be clearly and lawfully drafted. In Westland, this is particularly relevant for local tenants in greenhouse dwellings, social housing, and private sector rentals.
What is an interim termination clause?
An interim termination clause is a **special agreement** in a rental agreement that allows the contract to be terminated without waiting for the usual notice period (for example, three months). In Westland, this clause may apply, for example, in cases of:
- Relocation to another region, such as from Westland to Rotterdam.
- Divorce or separation, requiring a tenant to leave a dwelling in Naaldwijk or 's-Gravenzande.
- Financial problems due to seasonal work in horticulture.
- Death of a tenant in social housing.
- Incompatible circumstances, such as conflicts in shared greenhouse dwellings.
This clause must always be **clearly and precisely** formulated in the rental agreement. Otherwise, it cannot be applied. In Westland, for questions, you can contact the Juridisch Loket Westland.
Legal basis and conditions
The main legal basis for interim terminations is the **Housing Act 2015** (for dwellings) and rules from the **Dutch Civil Code (DCC)**. Cases in Westland fall under the District Court of The Hague (district).
Relevant statutory provisions
- Article 7:658 DCC: Regulates the general notice periods for lease agreements. For dwellings, a notice period of three months usually applies.
- Article 7:659 DCC: Addresses the possibility of interim termination if the parties have agreed to it.
- Housing Act 2015 (art. 7:280a to 7:280l): Specific rules for social housing in Westland.
- Article 7:661 DCC: States that termination must be in writing and that the notice period starts running on the day after receipt.
Important: If there is no interim termination clause in the contract, neither the tenant nor the landlord can unilaterally decide to terminate early. Contact Juridisch Loket Westland for advice.
Practical examples in Westland
Below are three concrete examples tailored to situations in Westland.
Example 1: Tenant relocates for work outside Westland
Jan from Poeldijk has a rental agreement for a dwelling with a horticulture company. He is relocating to The Hague for a new job. The contract contains an interim termination clause for relocation. He can terminate with one month's notice instead of three.
Example 2: Divorce in social housing
Sara and Tom from Monster are divorced and live in social housing. Their contract contains a clause for incompatible circumstances. Sara can terminate early with two months' notice. The District Court of The Hague handles any disputes.
Example 3: Landlord sells greenhouse dwelling
The landlord in Honselersdijk sells a greenhouse dwelling rented by Piet. The contract allows interim termination upon sale. Piet can terminate with one month's notice and relocate.
Rights and obligations under an interim termination clause
Both tenant and landlord have rights and obligations. In Westland, you can get help from the Juridisch Loket Westland.
Rights of the tenant
- Right to interim termination if the clause applies and is properly complied with.
- Right to inspection of the dwelling upon departure and repayment of the deposit.
- Right to legal assistance via Juridisch Loket Westland or pro bono lawyer at the District Court of The Hague.
Obligations of the tenant
- Submit written termination with proof of the situation (e.g., divorce decree).
- Leave the dwelling in good condition and return the keys.
- Pay any outstanding rent and service charges.
Rights of the landlord
- Verify whether the clause is correctly applied.
- Carry out inspection of the dwelling.
- Submit disputes to the District Court of The Hague.
What to do in case of problems?
In case of disputes over an interim termination clause in Westland:
- Contact Juridisch Loket Westland for free advice.
- Consider mediation via the Westland municipality.
- Initiate proceedings at the District Court of The Hague (district) if necessary.
Last update: 2023. Always consult a lawyer for current advice.