Dissolution of Rental Agreement in The Hague: Step-by-Step Procedure
Dissolution of a rental agreement in The Hague means that the rental agreement between landlord and tenant is terminated before the agreed end date. This can be done via a declaration of dissolution, agreement between parties or a court decision by the District Court of The Hague (Prins Clauslaan 60). The rules are laid down in the Rental Act 2015 and the Dutch Civil Code (DCC). This article provides a complete guide for tenants and landlords in The Hague, including local contact points such as the Legal Aid Office The Hague (Lutherse Burgwal 10).
What Does Dissolution Entail for Rental in The Hague?
Dissolution terminates the rental agreement prematurely. Possible reasons are:
- Force majeure: E.g., compulsory renovation or financial problems due to job loss.
- Fault of a party: Landlord fails to maintain, or tenant fails to pay rent.
- Mutual agreement: Both parties agree.
- Judicial decision: Via proceedings at the District Court of The Hague.
In The Hague, you often start with a notice of default, followed by a statement of claim to the district court judge. See Article 7:278 DCC and Rental Act 2015.
Legal Basis in The Hague
Main rules:
- DCC Book 7: Lease:
- Art. 7:278 DCC: Dissolution by landlord in case of rent arrears.
- Art. 7:280 DCC: Tenant in case of defect impairing enjoyment of use.
- Art. 7:281 DCC: Force majeure situations.
- Rental Act 2015:
- Art. 7:290 DCC: In case of breach of contract.
- Art. 7:291 DCC: Force majeure procedure.
When is Dissolution Possible in The Hague?
Overview of common cases:
| Situation | Legal Basis | By Whom? |
|---|---|---|
| Rent arrears (2+ months) | Art. 7:278 DCC | Landlord |
| Poor maintenance (no usability) | Art. 7:280 DCC | Tenant |
| Force majeure (renovation) | Art. 7:281 DCC | Landlord |
| Breach of contract (nuisance) | Art. 7:290 DCC | Both |
| Agreement | Art. 7:270 DCC | Both |
Step-by-Step Plan for Dissolution of Rental Agreement The Hague
Depending on the situation:
1. Landlord in Case of Non-Payment
- Establish arrears: At least 2 months' rent outstanding.
- Notice of default: Letter with payment deadline (14 days).
- Declaration of dissolution: Send by registered mail.
- Statement of claim District Court The Hague: Address Prins Clauslaan 60. Registry: (070) 361 07 00.
- Hearing: Judge decides on dissolution and eviction.
2. Tenant in Case of Defects
- Report defect: In writing with evidence (photos).
- Demand repair: Give reasonable term.
- Demand dissolution: If no repair.
- Initiate proceedings: Via Legal Aid Office The Hague (Lutherse Burgwal 10, tel. 070 388 59 00) or directly with district court judge.
3. Agreement
Conclude a settlement agreement with end date and return of deposit. Notarial deed not required, but recommended.
4. After Dissolution: Eviction
In case of judicial dissolution, an eviction judgment follows. Tenant must vacate within 14 days; otherwise forced eviction by bailiff.
Practical Tips for The Hague
- Free advice: Legal Aid Office The Hague (Lutherse Burgwal 10, Mon-Wed 9-17).
- District Court: Prins Clauslaan 60, subdistrict sector (rental cases).
- Rent Team: Woonbond The Hague for tenant assistance.
- Documents: Keep all correspondence and evidence.
Costs of Procedure The Hague
| Step | Costs |
|---|---|
| Court fee district court judge | € 86 (physical), € 57 (digital) |
| Lawyer (optional) | € 500-1500 |
| Bailiff eviction | € 1000+ |
Note: For low income, subsidized legal aid may be available.