Ground for Termination: Urgent Own Use in The Hague
**Urgent own use** constitutes a valid statutory basis for landlords to terminate an indefinite-term lease agreement, provided they need the property themselves. This provision, enshrined in the Rental Act 2024, protects landlords with an acute need but applies strict requirements. Tenants in The Hague can lodge opposition with the District Court of The Hague, Prins Clauslaan 60 if the conditions are not met. This article explains the operation, rights, obligations, and steps in case of termination.
What does urgent own use entail?
Urgent own use allows landlords to terminate the lease for their own occupation, as regulated in the **Rental Act 2024** (ex-Rental Act 2015). Examples:
- Divorce with necessity for housing children in The Hague.
- Elderly landlord seeking a compact, adapted property near family.
- Temporary bridging during relocation or sale elsewhere in the region.
The need must be urgent: no suitable alternative available, plus proof of genuine intention to occupy.
Statutory basis
Based on Article 7:293 of the Dutch Civil Code, termination is permitted if:
- The landlord moves in themselves.
- No reasonable alternative exists.
- Urgent necessity is demonstrable.
Termination must be in writing with supporting documents. In case of dispute: proceedings before the District Court of The Hague, Prins Clauslaan 60.
When does termination qualify in The Hague?
Conditions for urgent own use:
1. Demonstrate reasonable need
Landlord proves genuine need, e.g., through divorce, health issues, or temporary housing in the context of The Hague.
2. No alternative available
Proof of search for options, such as wheelchair-accessible properties or affordable alternatives in The Hague. The court assesses the efforts.
Tip: Consult the Legal Aid Office The Hague, Lutherse Burgwal 10 for free advice.
3. Urgent nature
The necessity must be acute, without possibility of postponement. If withdrawal within 6 months after termination, you can claim damages.
Your rights as a tenant
You do not have to agree. Within 2 months after termination: lodge opposition with the District Court of The Hague. Grounds: insufficient proof, alternatives ignored, or no urgency.
Procedure in The Hague
- Receive termination notice (min. 3 months' notice period).
- Check conditions.
- File opposition with the District Court of The Hague.
- Consider mediation via the Legal Aid Office.
Practical assistance
- District Court of The Hague: Prins Clauslaan 60, for proceedings.
- Legal Aid Office The Hague: Lutherse Burgwal 10, free consultation hours.