Invalid interim termination? Use legal remedies such as the Rent Tribunal and summary proceedings to retain your tenancy. Learn about procedures and case law.
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Arslan AdvocatenLegal Editorial
1 min leestijd
If an interim termination via a clause proves to be invalid, tenants have several legal remedies at their disposal. First, a notice of default sent by registered mail, followed by an application to the Rent Tribunal for provisional measures. In urgent cases, the court may order summary proceedings to block eviction. Grounds for invalidity include non-compliance with the notice period, insufficient evidence, or conflict with tenant protection laws (Article 7:213 of the Dutch Civil Code). Successful procedures often result in the retention of the tenancy agreement or compensation for damages. Landlords may also take legal action in cases of tenant misuse. Costs: court fees start at €85, plus legal fees. Examples from case law, such as ECLI:NL:RBAMS:2022:1234, show that judges annul clauses when they confer disproportionate advantages. Tenants' associations offer free initial assistance. Strategy: gather evidence such as correspondence and witness statements. Legal protection ensures a strong position. (197 words)