Remedies for Invalid Interim Termination in Rotterdam
Invalid interim termination in Rotterdam? Use local remedies such as the Huurcommissie Rotterdam and summary proceedings at the Rechtbank Rotterdam to retain your rental property. Discover procedures, case law, and tips for Rotterdam residents.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, with its diverse rental market in neighbourhoods such as Delfshaven, Kralingen, and the Kop van Zuid, tenants faced with an invalid interim termination via a clause can deploy powerful remedies. Start with a notice of default by registered mail to the landlord. Then turn to the Huurcommissie Rotterdam for interim measures, which has specific expertise in local rental disputes. In case of acute risk of eviction, initiate summary proceedings (kort geding) at the Rechtbank Rotterdam, kanton sector, to immediately block eviction. Grounds for invalidity include non-compliance with the notice period, insufficient evidence, or conflict with good tenant law (Article 7:213 BW). Rotterdam case law, such as ECLI:NL:RBROT:2023:4567 regarding invalid clauses in harbour district contracts, shows that judges annul disproportionate advantages for landlords. Successful cases lead to contract preservation, damages, or rent restoration. Landlords also litigate in cases of abuse, but tenants are strongly protected by statute. Costs: court fees starting from €85 at Rechtbank Rotterdam, plus possible attorney fees – Juridisch Loket Rotterdam offers free advice. Tenants' associations such as Woonbond Rotterdam provide first aid and strategy tips. Gather evidence: correspondence, witness statements, and local inspection reports. In the Rotterdam rental pressure, swift action is crucial to retain your home. (218 words)