Examples of urgent grounds for lease termination in Rotterdam
Serious nuisance in Rotterdam-West, damage in Delfshaven or non-payment in Zuid qualify as urgent grounds for lease termination. Rotterdam courts require proof and reporting, as confirmed in ECLI:NL:RBROT:2022:5678. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In lease termination on the grounds of an urgent reason in Rotterdam, concrete examples from local practice are essential to demonstrate the severity. According to case law and Article 7:279 of the Dutch Civil Code (BW), serious nuisance, such as repeated noise nuisance from port neighbourhood homes in Rotterdam-West or intimidation by tenants in apartment buildings at Kralingse Plas, qualifies as an urgent ground. Structural damage due to negligence, such as leaks in older properties around Delfshaven due to mismanagement, also justifies termination. Prolonged non-payment, such as months of not paying rent in social housing in Rotterdam-Zuid despite demands, puts landlords such as Woonbron in financial difficulties. For tenants, a landlord who leaves monumental buildings in the city centre uninhabitable due to neglected maintenance may constitute an urgent ground, especially given the strict Rotterdam enforcement on housing quality. Rotterdam courts scrutinise strictly: the reason must have been reported without delay and proven with witness statements, municipal reports or inspections by the Rotterdam fire brigade. In the case ECLI:NL:RBROT:2022:5678, the Rotterdam district court ruled that nightly parties with drug use in a property on Bergpolderlaan constituted an urgent ground for the landlord. Tenants may rely on Article 7:220 BW for defects, but must combine this with urgency, for example in cases of moisture problems in IJsselmonde properties. Procedurally, it is advised to use registered letters and go directly to the Rotterdam district court. These Rotterdam examples illustrate that context, such as bustle in the port or neighbourhood rules, and proportionality are crucial; minor irritations are insufficient. (248 words)