Terminating a Lease Agreement due to Breach of Contract
In case of rent arrears or breach of contract: follow the termination procedure via the court and avoid self-help to minimize legal risks.
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Arslan AdvocatenLegal Editorial
1 min leestijd
Breach of contract by the tenant, such as structural rent arrears, gives the landlord grounds for termination. After two months of arrears, a notice of default may follow, then a summons to the subdistrict court. Evidence required: reminders and bank statements. In urgent cases (nuisance), summary proceedings apply. Tenants can make payment to prevent termination. The Good Landlordship Act requires reasonable notice periods and hearing both sides. However, in cases of tenants with special circumstances (illness, unemployment), the judge tests for reasonableness. Termination leads to eviction with the assistance of the bailiff. Landlords may not engage in self-help, such as changing locks. Tenants can defend with suspension of payment. Alternative: amicable agreement via debt counseling. Judicial granting is mandatory. This procedural guideline protects both parties against arbitrariness.