Interim Termination Clause in Rental Agreements Rotterdam
An interim termination clause is included in a rental agreement and allows for early termination before the standard notice period. In Rotterdam, with its diverse rental market, this is relevant for both tenants in the city and landlords. The clause must be clear and legally valid. Useful in unexpected situations such as job loss or relocation within the region.
What does an interim termination clause entail?
This clause allows the rental agreement to be terminated shorter than the normal three months. Typical situations in Rotterdam:
- Relocation within or outside Rotterdam, e.g., to The Hague.
- Relationship breakdown or divorce, with both names on the contract.
- Income reduction due to dismissal in the port or at the municipality.
- Death of a co-tenant.
- Conflicts with landlord or neighbors in apartment buildings.
The clause must be specific and unambiguous in the contract, otherwise the standard period applies.
Legal basis for Rotterdam
In the Netherlands, this is regulated by the Housing Act 2015 and Civil Code (CC). For Rotterdam tenants with housing associations such as Woonbron or Havensteder, additional rules apply. In case of disputes, you can go to the District Court Rotterdam, Wilhelminaplein 100-125 or seek free advice at Legal Counter Rotterdam, Westblaak 180.
Important statutory provisions
- Art. 7:658 CC: Standard notice period of three months for rental dwellings.
- Art. 7:659 CC: Interim termination only by agreement in the contract.
- Housing Act 2015 (art. 7:280a et seq.): Specific for social housing in neighborhoods such as Feijenoord or Charlois.
- Art. 7:661 CC: Termination by letter, period starts upon receipt.
Without a clause: no interim termination possible. Landlord may not unilaterally terminate.
Examples from Rotterdam practice
Example 1: Relocation for job in port
Mike rents in Rotterdam-South. Due to a new job, he moves to the Maasvlakte. Contract clause allows termination with one month's notice instead of three.
Example 2: Divorce in Kralingen apartment
Anna and Bas are divorcing. Clause in case of incompatibility allows Anna to terminate with two months' notice; Bas may stay or also terminate.
Example 3: Landlord sells property in Delfshaven
Lisa's landlord sells her property. Clause gives right to one month's termination notice to move to new construction elsewhere.
Rights and obligations in Rotterdam
Tenant rights
- Terminate under the clause without going to court.
- Social housing tenants: priority for urgency via housing association.
- Assistance via Legal Counter Rotterdam, Westblaak 180.
Tenant obligations
- Written termination with proof (e.g., divorce decree).
- Deliver the house neatly; repair damage.
Landlord rights
- Verify if conditions are met.
- Complain to the Rent Tribunal about defective termination.
What to do in case of problems?
No agreement? Go to District Court Rotterdam, Wilhelminaplein 100-125. For low income: free at Legal Counter. Also check Roteb for moving assistance.
Last update: 2023. Always consult a lawyer for your situation.