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Conditions for the Validity of an Intermediate Termination Clause in Westland

Discover the strict conditions for a valid intermediate termination clause in rental agreements in Westland. Written, unambiguous, and reasonable: prevent invalid terminations for greenhouses and residential properties.

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An intermediate termination clause in a rental agreement in Westland must meet strict conditions to be legally valid. According to Article 7:271 of the Dutch Civil Code (BW), the clause must be included in writing and unambiguously in the contract, leaving no room for interpretation. In Westland, with its thriving greenhouse horticulture sector, clear grounds for termination are crucial, such as urgent personal reasons, financial distress, or the necessity for greenhouse expansion by the landlord. A reasonable notice period is a maximum of one month. Judges at the District Court of Rotterdam, which handles Westland cases, assess the clause for reasonableness and fairness; unilateral clauses that solely benefit the landlord—often agricultural entrepreneurs in areas like Naaldwijk or Monster—are frequently declared invalid. For example, a clause for 'personal use' by a grower requires concrete evidence of urgency, such as seasonal labor shortages. Tenants in Westland residential or commercial properties can invoke general tenancy protection if the clause is void. Local practice examples from greenhouse areas show that vague formulations, such as 'by mutual consent,' lead to disputes at the subdistrict court in The Hague. In Westland, rental disputes often revolve around flexible labor in horticulture. Advice: have the clause reviewed by a tenancy law attorney specializing in Westland matters before signing. In case of a breach, the court may suspend the termination, allow the tenant to remain in the property, and award compensation, taking local market prices into account. (248 words)