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Termination of Rental Agreement by Landlord: Conditions and Procedure

Learn as a landlord under which conditions you may terminate a rental agreement, including the procedure before the court and statutory grounds.

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Termination of Rental Agreement by Landlord: Conditions and Procedure

Landlords may not terminate a rental agreement at will. Strict conditions apply under Book 7 of the Dutch Civil Code (BW). This article discusses when and how you as a landlord can terminate, with practical examples.

Main grounds: urgent own use (Article 7:274 BW), non-payment of rent, nuisance or serious defects by the tenant. You must send a notice of termination with a minimum notice period of three months and a specific reason. If the tenant objects, proceedings before the district court (kantonrechter) follow.

Procedure: 1. Write a formal notice of termination with end date. 2. Wait for response. 3. Claim termination via the court if necessary, with evidence such as payment arrears. For own use, you must offer alternative accommodation or pay compensation. Success rate with judges is low without a strong file. Avoid informal pressure; this is prohibited. Consult a lawyer for tailored advice and to prevent damage claims.