Lease Termination on Urgent Grounds in Delft
Lease termination due to an urgent reason is a legal procedure whereby a tenant or landlord in Delft can terminate the lease agreement in serious situations that are no longer tolerable. This termination differs from a normal notice and requires a formal approach with a concrete reason. In this article for Delft tenants and landlords, we explain what an urgent reason is, the legal rules and how to handle it via the District Court of The Hague (Delft district).
What is an urgent reason for lease termination in Delft?
An urgent reason concerns such a serious circumstance that continuation of the lease in Delft is impossible. Think of nuisance in student houses, damage to monumental buildings or major changes in living situation. The law requires prompt notification, so that the landlord or tenant can respond. This is laid down in Book 7 of the Dutch Civil Code (DCC), specifically article 7:279 paragraph 1, by which the lease agreement can end on an urgent reason.
Legal basis: Article 7:279 DCC for Delft
The core is article 7:279 Dutch Civil Code:
The tenant or landlord may terminate the lease agreement on an urgent reason.
Article 7:279 paragraph 2 provides examples relevant for Delft:
- Nuisance such as nocturnal noise from cafés or aggression in residential buildings.
- Breach of the purpose clause (see Delft zoning plan), e.g. Airbnb use without permit.
- Health risks such as mould in old Delft homes or asbestos in renovated buildings.
- Unpaid rent by students or temporary workers in the region.
The District Court of The Hague (Delft team) decides whether it is an urgent reason; evidence is crucial.
Practical examples in Delft
Here concrete cases from Delft practice:
1. Nuisance by neighbours in Delft
In case of constant noise nuisance or intimidation in apartment complexes on Phoenixstraat, and the landlord does not intervene, the tenant may terminate.
2. Breach of housing purpose Delft
Landlords terminate the lease if a house in the historic city centre is illegally used as short-stay or for storage of chemicals.
3. Health risks in Delft rental homes
Mould in damp TU homes, asbestos in old buildings or failing ventilation justify termination.
4. Unpaid rent in Delft
In case of structural non-payment by expat tenants or bankruptcy, the landlord may intervene.
Rights and obligations in lease termination on urgent grounds Delft
In Delft, specific rights apply:
Rights of the tenant
- Safe housing: Terminate lease in unlivable situations such as leaks in monuments.
- Protection against nuisance: Against neighbour nuisance in densely populated neighbourhoods if the landlord fails.
- Financial protection: In case of unaffordability without immediate eviction.
Advice: Contact Juridisch Loket Delft for free assistance or file a request with the District Court of The Hague. Always keep evidence such as reports to the municipality of Delft.