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Procedure for Termination of Tenancy Due to Urgent Reasons

Written notice, summons before the subdistrict court, and evidence form the core of the procedure. Urgent remedies available in cases of acute danger.

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The procedure for termination of tenancy on grounds of urgent reasons begins with a written notice to the other party, preferably sent by registered mail, in which the facts and reasons are detailed. Article 7:279 of the Dutch Civil Code (BW) requires that the termination occurs without delay, within a reasonable period after discovery. If no response or improvement follows, a summons is issued to appear before the subdistrict court. The court weighs the interests: the tenant's housing interest against the landlord's rights. Evidence is key: photographs, police reports, and witness statements from neighbors. In urgent proceedings, a provisional remedy may be requested. Following the judgment, enforcement is carried out via a bailiff; eviction follows within weeks. Tenants may present a defense with counter-evidence. Costs: court fees approximately €85, with optional legal representation. The appeal period is 4 weeks. Practical example: in ECLI:NL:GHAMS:2022:456, termination was granted after proven domestic violence. Landlords must demonstrate alternatives such as warnings. Incorrect termination may lead to claims for damages. Always consult a tenancy law specialist for success.