Termination of Rental Agreements in Delft: Grounds and Procedures for Tenants

In Delft, with its historic city centre and numerous rental properties, tenants may under specific circumstances seek termination of their rental agreement. This often applies in cases of serious defects, such as damp issues in older buildings on Oude Delft or when landlords neglect maintenance. We discuss the legal basis and steps involved, including local resources.

Legal Grounds for Termination in Delft

Under Article 7:231 of the Dutch Civil Code (BW), the subdistrict court in Delft may terminate a rental agreement if performance is impossible, for example due to uninhabitable conditions such as leaks or mould in listed buildings. Urgent personal use by the landlord (Article 7:274 BW) may occur, but tenants in Delft enjoy strong protective rights, particularly with housing associations such as Vestia.

Procedure at the Subdistrict Court in Delft

Start by sending a registered letter to the landlord outlining your claim. If negotiations fail, have a bailiff serve a summons and file the case with the District Court of The Hague, location Delft (Phoenixstraat 25). The subdistrict court judge will rule on termination, notice periods, and possible compensation. In Delft, you can also consult Huurteam Delft for free advice.

Specific Cases in Delft

Stricter rules apply in cases of rent arrears by the landlord or illegal subletting in student housing. For social housing in neighbourhoods such as Buitenhof, the Rent Tribunal offers provisional assessments. Gather evidence such as photographs of defects, inspection reports from the Municipality of Delft, and witness statements. This strengthens your position against negligent landlords in this student city. Contact the Legal Counter Delft for support.