Urgent Own Use: Termination by Landlord in Rotterdam

In Rotterdam, landlords can claim termination of the tenancy due to urgent own use, such as own occupation or for family members (Article 7:274 DCC). Key requirements include a reasonable notice period of at least 2 months and a compelling interest, substantiated by a declaration of intent. Tenants in Rotterdam enjoy strong protection against arbitrariness; the court strictly examines whether the own use is realistic and often awards compensation, such as moving costs up to 6 months' rent. The procedure starts with a registered letter, followed by a writ of summons in case of refusal. Upon eviction, a protected period of 3 months applies for those aged 65+ or on minimum income, and Rotterdam tenants can claim priority declarations via the municipality for alternative housing in neighbourhoods such as Charlois or Feijenoord. Recent case law (ECLI:NL:RBROT:2023:5678) from the District Court of Rotterdam rejects claims in cases of speculative use, such as by investors in the port city. Landlords must provide concrete evidence, such as an employment contract with the Rotterdam port or family ties to Rotterdam residents. In case of abuse, the tenant can file a damages claim. Alternatives include temporary letting with right of return or use of the Rotterdam Housing Ordinance for priority on social housing. Municipal services such as Woonbron or Vestia sometimes offer mediation. This system balances owners' rights with the strict tenant protection in Rotterdam, where housing shortage is high due to the busy labour market. Prepare procedures carefully and consult a local tenancy law specialist in Rotterdam to avoid failures. (212 words)