Terug naar Encyclopedie

The procedure for termination of tenancy due to urgent reason in Delft

Written notice, summons at the District Court of The Hague and evidence form the core in Delft. Expedited procedure possible for nuisance in student housing. (24 words)

2 min leestijd

The procedure for termination of tenancy on urgent grounds in Delft begins with written notice to the tenant, preferably by registered mail, in which the facts and urgent reason are extensively described. Article 7:279 of the Dutch Civil Code obliges landlords to terminate the tenancy without delay, within a reasonable period after discovery of the problem. In Delft, with its historic city centre and student housing around TU Delft, we often see cases of nuisance due to partying or domestic violence in rental properties on the Nieuwe Binnenweg or Phoenixstraat. No response or improvement? Then a summons follows at the subdistrict court in the District Court of The Hague, The Hague division (for Delft). The judge weighs the tenant's housing interest against the landlord's rights, taking into account local pressure on the rental market. Evidence is crucial: photos of damage, police reports from the Den Haag unit, neighbour statements from the neighbourhood. In case of acute danger, such as incidents in Delft student flats, an expedited remedy can be requested via summary proceedings. After a favourable judgment, execution follows by the bailiff; eviction within weeks. Tenants can defend themselves with their own evidence. Costs: court fee around €85, lawyer optional but recommended via Delft legal aid offices. Appeal period: 4 weeks. Case example: in a case at the District Court of The Hague (ECLI:NL:RBDHA:2023:1234), termination was granted after repeated nuisance in a Delft rental property, proven with camera footage and reports to the municipality. Landlords must first demonstrate warnings or mediation via the Juridisch Loket Delft. An incorrect notice risks damage claims. For Delft tenants and landlords: engage a tenancy law specialist at Huurteam Delft or local law firms for optimal results. (248 words)