Termination of Rental Agreement: Grounds and Procedure for Tenants

As a tenant, you may terminate your rental agreement under certain circumstances. This is relevant in cases of serious defects in the property or if the landlord fails to meet their obligations. In this article, we discuss the legal grounds and steps involved.

Legal Grounds for Termination

According to Article 7:231 of the Dutch Civil Code (BW), the court may terminate the rental agreement if compliance with the contract cannot reasonably be demanded, for example, due to uninhabitable conditions. Urgent personal use by the landlord (Article 7:274 BW) is a common ground, but tenants have protective rights.

Court Procedure

First, send a registered letter to the landlord outlining your demands. If negotiations fail, you may summon the landlord through a bailiff. The subdistrict court will decide on the termination and any notice period. Tenants may also claim compensation for damages.

Specific Cases

Additional rules apply in cases of rent arrears by the landlord or illegal subletting. For social housing, the Rent Tribunal offers provisional measures. Collecting evidence is crucial: photographs, reports, and witness statements strengthen your case. This way, you effectively protect your position. (198 words)