Urgent own use by landlord? Learn requirements, notice period and tenants' rights to compensation and appeal. (16 words)
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Arslan AdvocatenLegal Editorial
1 min leestijd
Landlords can claim termination due to urgent own use, such as for own occupation or family (article 7:274 DCC). Requirements: reasonable term (minimum 2 months' notice) and compelling interest, proven by declaration of intent. Tenants are protected against arbitrariness; the court examines whether the use is real and compensates with relocation costs (up to 6 months' rent). Procedure: registered letter, followed by summons if tenant refuses. Upon eviction, a protected period of 3 months applies for tenants aged 65+ or on minimum income. Case law (ECLI:NL:RBAMS:2022:1234) rejects claims for speculative use. Landlords must submit evidence such as employment contract or family ties. Tenant can file a damages claim in case of abuse. Alternative: temporary letting with right of return. Municipalities sometimes offer priority for alternative housing. This mechanism balances owners' interests with tenant protection, but requires careful preparation to avoid failed procedures. Always consult a tenancy law specialist. (198 words)