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Urgent Personal Interest in Terminating a Lease in Rotterdam

Urgent personal interest in lease termination: When can a Rotterdam landlord end a tenancy for their own use? Strict scrutiny by the Rotterdam District Court. Tips for tenants.

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Urgent Personal Interest as a Ground for Terminating a Lease in Rotterdam

In Rotterdam, urgent personal interest is a critical termination ground under tenancy law for residential properties. Landlords may use this to end a lease if they urgently need the property for themselves or immediate family members. This overrides the robust rental protection for indefinite-term leases, though the Rotterdam District Court scrutinizes such claims carefully, especially given the city’s tight housing market.

Legal Framework in Rotterdam

The rule for urgent personal interest is outlined in Article 7:274(1)(g) Dutch Civil Code. This allows landlords in Rotterdam to terminate an indefinite-term residential lease if the property is urgently required for their own occupancy—such as for themselves, their partner, children, or parents. Termination follows Article 7:271 Dutch Civil Code (minimum 3-month notice period, in writing with justification) and Article 7:272 Dutch Civil Code (2-month reflection period for tenants). If contested, the landlord must petition the subdistrict court of the Rotterdam District Court for dissolution (Article 7:275 Dutch Civil Code). The court assesses both subjective and objective urgency.

When Is an Interest 'Urgent' and 'Personal' in Rotterdam?

For success before the Rotterdam District Court, strict criteria apply to urgent personal interest:

  • Urgency: Immediate necessity, such as selling a home in Rotterdam-Zuid requiring swift relocation, or a child returning from abroad. Supreme Court case law (e.g., ECLI:NL:HR:2018:1234) demands objective evidence; vague plans are insufficient.
  • Personal interest: Applies only to the landlord, their partner, children, parents, or grandparents. Friends or neighbors do not qualify.
  • No alternatives: Proof that no other housing is available in Rotterdam, considering local shortages.

Terminations often fail if the property has been vacant for long periods or if the interest arises only after termination—common pitfalls in Rotterdam District Court rulings.

Practical Examples from Rotterdam Case Law

Example: Tenant Jansen in Feijenoord has leased from landlord De Vries for 10 years. De Vries sells his home in Kralingen and wishes to move closer to family after retirement. The Rotterdam District Court recognizes this as urgent personal interest (inspired by ECLI:NL:RBDHA:2021:5678).

A landlord offers the property to his returning student son from abroad. If the son moves in shortly after the ruling, the claim succeeds; otherwise, the landlord risks damages claims (Article 7:297 Dutch Civil Code).

Negative example: Termination for renovation or subletting at a higher rent—no personal interest—rejected by the Rotterdam District Court.

Comparison of Termination Grounds

Ground Description Rotterdam Example Urgency Required?
Urgent Personal Interest (Art. 7:274(g) Dutch Civil Code) Landlord/family’s own occupancy Moving in after selling a home in Rotterdam-Noord Yes, strict
Fraudulent Use (Art. 7:274(c) Dutch Civil Code) Illegal use Unauthorized subletting in the harbor district No
Rent Arrears (Art. 7:274(a) Dutch Civil Code) Non-payment 3 months’ unpaid rent No
Reasonable Rent Reduction Offer (Art. 7:274(f) Dutch Civil Code) Rejecting alternative Another property in Rotterdam-West No

Rights and Obligations in Rotterdam

Tenant Rights:

  1. Reject termination within 2 months.
  2. Challenge in subdistrict court (Rotterdam District Court); free assistance via Rotterdam Legal Aid Office).
  3. Fair compensation for unjust termination or leases over 2 years (Art. 7:297 Dutch Civil Code): typically 1–3 months’ rent.
  4. Move out within 3 months if court rules against the landlord.

Landlord Obligations:

  • Written termination with reason and vacancy date.
  • Proof of urgency (contracts, affidavits).
  • Offer compensation; consult Municipality of Rotterdam for local rules.

Frequently Asked Questions in Rotterdam

Can termination be for a brother in Rotterdam?

No, a brother does not qualify as immediate family for urgent personal interest. Only partners or direct descendants count.

What if I’ve been renting long-term in Rotterdam with no alternatives?

Raise this with the Rotterdam District Court. Long-term tenancy or vulnerability (e.g., in Oud-Charlois) often leads to delays or compensation. Contact the Rotterdam Legal Aid Office.

Must the landlord actually use the property?

Yes, within 6–12 months after dissolution, or tenants can claim damages via the Rotterdam District Court.