Termination of Tenancy for Urgent Cause in Rotterdam
Termination of tenancy for an urgent cause is a legal procedure whereby a tenant or landlord in Rotterdam can terminate the tenancy agreement in serious situations that are no longer tolerable. This differs from a standard notice of termination and requires a formal approach with a concrete basis. In this article, we explain what an urgent cause means, the relevant legislation and how to handle it in the Rotterdam region.
What is an urgent cause for termination of tenancy?
An urgent cause concerns such a serious circumstance that continuation of the tenancy is impossible for the tenant or landlord. Think of nuisance, damage to the property or significant changes in living conditions. The law requires that this be reported immediately, so that the other party can respond or remedy it.
This provision falls under Book 7 of the Dutch Civil Code (BW), specifically Article 7:279 paragraph 1. It stipulates that termination of tenancy is possible in the event of an urgent cause, which must be proven and is not comparable to regular termination.
Legal basis: Article 7:279 BW
The core law is Article 7:279 of the Dutch Civil Code, which states:
The tenant or landlord may dissolve the tenancy agreement in the event of an urgent cause.
Article 7:279 paragraph 2 provides examples of urgent causes:
- Nuisance by the counterparty, such as noise nuisance, intimidation or damage.
- Breach of the purpose clause (see article on Residential purpose and use), e.g. illegal use of the property.
- Health hazards such as mould growth, asbestos or unhygienic conditions.
- Payment arrears or bankruptcy of the tenant.
In Rotterdam, the District Court of Rotterdam, Wilhelminaplein 100-125 assesses whether an urgent cause is present. Evidence is crucial to demonstrate that the situation is untenable.
Practical examples in Rotterdam
Below are some realistic cases from Rotterdam practice:
1. Neighbour noise and nuisance
If a tenant in a Rotterdam apartment block continuously suffers nuisance from noise or violence by fellow tenants and the landlord does not intervene, this may lead to termination of tenancy.
2. Unlawful use of the property
Landlords can take action if a tenant converts a property in Rotterdam neighbourhoods such as Delfshaven into an unpermitted shop or storage for hazardous materials.
3. Health risks
Mould infestations, asbestos in older buildings or failing sanitary facilities constitute an urgent cause. For advice: Juridisch Loket Rotterdam, Westblaak 180.
4. Rental arrears
In the event of prolonged non-payment or financial downfall of the tenant, the landlord may terminate the agreement.
Rights and obligations in termination of tenancy
Both parties have specific rights and obligations.
Rights of the tenant
- Right to habitable housing: In unsafe conditions such as asbestos or damp, the tenant may leave.
- Protection against nuisance: No action by landlord against neighbour nuisance? Urgent cause possible.
- Financial safeguards: In case of unaffordable rent due to loss of income, options for termination.
Rights of the landlord
- Action against non-payment or misuse.
- Protection of the real estate against damage.
Procedure in Rotterdam
Send a registered letter with evidence. In case of dispute: summons via District Court of Rotterdam, Wilhelminaplein 100-125. Free assistance via Juridisch Loket Rotterdam, Westblaak 180. Keep all correspondence and photos.
Conclusion
Termination of tenancy for urgent cause provides relief in extreme cases, but requires legal substantiation. Consult professionals in Rotterdam for your situation.