Termination Procedure Rental Contract Rotterdam: Law, Rights and Procedure

The termination procedure for a rental contract in Rotterdam is a legal step in which the landlord or tenant requests the Rotterdam District Court (Rechtbank Rotterdam, Wilhelminaplein 100-125) to dissolve the lease agreement. This often occurs when a party fails to meet its obligations, such as rent arrears, nuisance or improper use of the property. In Rotterdam, with its diverse rental market, this procedure is strictly regulated in the Dutch Civil Code (BW) with specific local emphases.

Legal Framework in Rotterdam

The procedure falls under Article 7:231 BW, which allows for termination in cases of serious shortcomings. Not every breach suffices; the Rotterdam cantonal judge weighs all facts. Article 6:265 BW also applies for general termination rules. Judicial intervention is mandatory, which provides good protection for tenants in Rotterdam against quick eviction.

When Does a Landlord Seek Termination in Rotterdam?

Landlords in Rotterdam often initiate a procedure for:

Rent Arrears

The most common: structural arrears of two to three months' rent. First, the landlord must formally put the tenant in default via registered mail. Rotterdam judges are strict on this.

Nuisance and Behavioral Issues

Noise nuisance, aggression, pollution or illegal activities in densely populated neighborhoods such as Rotterdam-South provide grounds. Evidence via reports and warnings is crucial.

Unauthorized Use

Subletting without permission, illegal use or unauthorized renovations lead to a claim. In Rotterdam with many expat and student housing, this is particularly relevant.

Maintenance Defect

Neglect causing damage provides grounds for termination.

Procedure at Rotterdam District Court

The course of events at the Rotterdam cantonal judge:

Notice of Default

Mandatory: a formal warning with a remedying period.

Summons

Then summons with claim for termination, rent collection and costs.

Hearing

Informal hearing where parties present their case. The judge often mediates.

Judgment

Ruling: granting, dismissal or conditional, with eviction period. On appeal: The Hague Court of Appeal.

Tenant's Defense in Rotterdam

Tenants can defend themselves with:

Missing Notice of Default

No formal notice? Procedure fails.

Proportionality

Shortcoming not serious enough? Judge assesses on a case-by-case basis.

For free advice: Juridisch Loket Rotterdam, Westblaak 180. Seek help from Huurteam Rotterdam for local support.