Conditions for the Validity of an Interim Termination Clause

An interim termination clause in a rental agreement must meet strict conditions to be legally valid. According to Article 7:271 of the Dutch Civil Code (Burgerlijk Wetboek), the clause must be included in writing and unambiguously in the contract, leaving no room for interpretation. Key requirements include a clear description of the grounds for termination, such as urgent personal reasons or financial hardship, and a reasonable notice period of no more than one month. Courts assess the clause for reasonableness and fairness; unilateral clauses that solely benefit the landlord are often declared invalid. For example, a clause permitting termination for 'personal use' by the landlord requires proof of urgency. Tenants may invoke general tenancy protection if the clause is null and void. Practical examples demonstrate that vague formulations, such as 'by mutual consent,' lead to disputes and legal proceedings. Advice: have the clause reviewed by a tenancy law attorney before signing. In case of a breach, the court may suspend the termination and award damages. (198 words)