Termination of Tenancy for Urgent Cause in The Hague
Termination of tenancy due to an urgent cause is a legal procedure whereby a tenant or landlord in The Hague can dissolve the tenancy agreement in serious, intolerable situations. This differs from a standard termination and requires a formal approach with a clear basis. In this article, we explain what an urgent cause means, the relevant legislation and practical steps, with a focus on procedures at the District Court of The Hague.
What constitutes an urgent cause for termination of tenancy?
An urgent cause concerns such a compelling circumstance that continuation of the tenancy is impossible. Think of nuisance, property damage or significant changes in living conditions. The law requires prompt notification, so that the other party can intervene or respond.
This provision falls under Book 7 of the Dutch Civil Code (DCC), specifically Article 7:279 paragraph 1, which allows dissolution in the event of an urgent cause. Evidence is crucial and it is not a routine termination.
Legal basis: Article 7:279 DCC
The core provision is Article 7:279 DCC, which states:
The tenant or landlord may dissolve the tenancy agreement if an urgent cause necessitates it.
Article 7:279 paragraph 2 provides indications:
- Structural nuisance, such as noise nuisance, intimidation or vandalism.
- Breach of the purpose clause (see article on housing use and purpose), e.g. illegal commercial use.
- Health threats due to mould, asbestos or extreme filth.
- Payment arrears or bankruptcy of the tenant.
The cantonal division judge, in The Hague at District Court of The Hague, Prins Clauslaan 60, rules on the validity. Gather evidence such as reports or witness statements.
Practical examples in The Hague
Below are concrete cases that often occur:
1. Neighbourhood nuisance
In the case of persistent noise, threats or damaged property by fellow residents, and the landlord fails to enforce, the tenant can claim dissolution via the District Court of The Hague.
2. Improper use of the property
Landlords can litigate if tenants convert the property into something else, such as an unlicensed café space or storage of hazardous materials.
3. Health hazards
Mould spots, asbestos exposure or non-functional sanitary facilities justify dissolution. Consult the Legal Aid Office The Hague, Lutherse Burgwal 10 for free advice.
4. Payment problems
Chronic non-payment or financial ruin of the tenant gives the landlord grounds for urgent termination.
Rights and obligations
Both parties have specific rights:
Rights of the tenant
- Safe living environment: Dissolution in unlivable conditions such as asbestos or moisture problems.
- Protection against nuisance: Action if the landlord ignores nuisance.
- Financial leeway: End of tenancy in case of unaffordability without immediate eviction.
Rights of the landlord
- Protection against damage or misuse.
- Restoration of rent collection in case of default.
Procedure in The Hague
Send a registered letter stating the urgent cause. No solution? Initiate proceedings at District Court of The Hague, Prins Clauslaan 60. For assistance: Legal Aid Office The Hague, Lutherse Burgwal 10. Evidence is essential for success.
Note: Always consult a professional for personal advice.