Lease Termination Procedure The Hague: Law, Rights and Procedure

The termination procedure for a lease agreement in The Hague is a legal step in which the landlord or tenant requests the subdistrict judge of the District Court of The Hague (Prins Clauslaan 60) to dissolve the lease agreement. This often occurs in cases of non-compliance with obligations, such as rent arrears, nuisance or improper use of the property. Landlords primarily initiate this procedure. Lease law is strictly regulated in the Dutch Civil Code (BW), with clear requirements and steps. Tenants in The Hague can obtain free advice from the Juridisch Loket The Hague (Lutherse Burgwal 10).

Legal framework for termination of lease agreement

The procedure falls under Article 7:231 BW, which allows termination in cases of serious shortcomings. Not every breach suffices; the subdistrict judge assesses the circumstances. Article 6:265 BW supplements this with general rules for termination due to non-performance. For leases, judicial approval is mandatory, providing strong tenant protection in The Hague.

When does a landlord seek termination in The Hague?

Landlords can demand termination at the District Court of The Hague if the tenant fails to meet obligations:

Rent arrears

The main reason is rent arrears. Termination may follow after two to three months of outstanding rent, provided the tenant has first been formally put in default. Courts in The Hague apply this strictly.

Nuisance and behaviour

Substantial nuisance, such as noise, intimidation, pollution or illegal activities, justifies termination. Evidence via reports and warnings is essential; neighbour statements often help at the District Court of The Hague.

Unauthorized use of the property

Use outside the agreement, such as unauthorized subletting or prohibited activities, leads to a claim. Unwanted modifications to the property also count.

Maintenance defects

Serious neglect by the tenant, resulting in damage, constitutes a valid ground.

Procedure at District Court of The Hague

The termination procedure at the subdistrict judge proceeds as follows:

Notice of default

First, a formal notice of default by registered mail, describing the problem and a remediation period. Without this, the procedure often fails.

Summons

Then follows a summons, in which termination plus any rent and costs are claimed, served by a bailiff.

Hearing

Parties appear at the hearing at District Court of The Hague (Prins Clauslaan 60). The subdistrict judge hears both sides informally and sometimes seeks a settlement.

Judgment

The judge grants termination, dismisses it or grants it conditionally (e.g. upon payment within a term). If granted, an eviction period applies.

Tenant's defence

Tenants have strong options:

Missing notice of default

No proper demand? Procedure inadmissible.

Proportionality

Argue that the breach is not serious enough for termination. The judge in The Hague examines this carefully, taking into account social factors.

For help: visit Juridisch Loket The Hague (Lutherse Burgwal 10) or consult a lease law attorney.