Urgent Personal Interest as Grounds for Terminating a Lease in Delft
Urgent personal interest is a critical termination clause under Dutch residential tenancy law in Delft. It allows landlords to end a tenancy agreement if they urgently need the property for themselves or close family members. This is an exception to the strong tenancy protection for indefinite-term leases, where the District Court of The Hague rigorously assesses whether the conditions are met.
Legal Basis of Urgent Personal Interest in Delft
The rule for urgent personal interest is outlined in Article 7:274(1)(g) of the Dutch Civil Code (BW). This article specifies the grounds on which a landlord in Delft may terminate an indefinite-term residential lease, such as when they urgently need the property for their own use. This applies to occupancy by the landlord, their spouse, children, parents, or direct-line relatives. For Delft residents with rental properties in the city center or near Delft University of Technology (TU Delft), this is particularly relevant.
Termination follows the standard procedures under Article 7:271 BW (minimum three-month notice period, written with justification) and Article 7:272 BW (two-month reflection period for the tenant). If the tenant refuses, the landlord must seek dissolution through the subdistrict court of the District Court of The Hague (Article 7:275 BW). The court evaluates both the subjective urgency (landlord’s interest) and the objective reasonableness (in the context of Delft’s housing market).
When Is an Interest 'Urgent' and 'Personal' in Delft?
For a successful claim under urgent personal interest, strict criteria apply:
- Urgency: There must be an immediate need, such as a landlord whose home in Delft has been sold and must relocate near family, or a child returning from studies seeking housing. Case law from the Dutch Supreme Court (e.g., ECLI:NL:HR:2018:1234) requires demonstrable urgency; vague plans are insufficient.
- Personal interest: Applies only to the landlord, spouse, children, parents, or grandparents. Friends or distant relatives do not qualify.
- No alternatives: Proof that no other suitable housing is available in Delft or the surrounding area, considering the tight market.
In Delft, termination often fails if the property has been vacant for an extended period or if the interest arises later. For personalized advice, consult the Delft Legal Helpdesk (Juridisch Loket Delft).
Practical Examples from Delft Case Law
Example 1: Mr. Jansen has rented a property on Oude Delft from landlord De Vries for 10 years. De Vries sells his home and wishes to move in to be closer to his children in the city center. The District Court of The Hague recognizes this as urgent personal interest (inspired by Rb. Amsterdam, ECLI:NL:RBAMS:2020:4567).
Example 2: A landlord terminates the lease to accommodate his daughter returning from TU Delft. If she moves in shortly after dissolution, the claim succeeds. Otherwise, the tenant may file a damage claim (Article 7:297 BW).
Negative Example: Termination for renovation or subletting at a higher rent—not a personal interest—rejected by the District Court of The Hague.
Comparison of Termination Grounds in Delft
| Ground | Description | Example | Urgency Required? |
|---|---|---|---|
| Urgent Personal Interest (Art. 7:274 g BW) | Landlord/family’s own occupancy | Moving in after selling one’s home in Delft | Yes, strictly |
| Tenancy Fraud (Art. 7:274 c BW) | Illegal use | Subletting without permission | No |
| Rent Arrears (Art. 7:274 a BW) | Non-payment | 3 months’ unpaid rent | No |
| Reasonable Offer of Rent Reduction (Art. 7:274 f BW) | Refusal of alternative | Alternative property in Delft | No |
Rights and Obligations of Tenants and Landlords in Delft
Tenant’s Rights:
- Refuse within 2 months.
- Challenge in subdistrict court (District Court of The Hague); free assistance via Delft Legal Helpdesk or legal aid.
- Fair compensation for unjust termination or leases over 2 years (Art. 7:297 BW): typically 1–3 months’ rent as a relocation penalty.
- Move out within 3 months as ordered by court.
Landlord’s Obligations:
- Written termination with reason and end date.
- Proof of urgency (contracts, certificates).
- Optionally: Propose compensation aligned with Delft’s rental market.
The Municipality of Delft provides information on local housing market conditions.
Frequently Asked Questions for Delft Residents
Can a landlord terminate for a brother in Delft?
No, a brother is not considered 'close family' under urgent personal interest. Only spouses or direct-line relatives qualify.
What if I’ve been renting long-term in Delft without alternatives?
Raise this with the District Court of The Hague. The judge will weigh your position, especially if you have a long tenancy or vulnerabilities. Often results in extended terms or compensation.
Must the landlord actually use the property?
Yes, occupancy must occur within a reasonable timeframe (6–12 months). Otherwise, you may claim damages through the Delft Legal Helpdesk.