Termination of Lease Agreement in Delft: Step-by-Step Procedure
Termination of a lease agreement in Delft means that the lease agreement between landlord and tenant ends before the agreed end date. This can be done via a termination declaration, mutual agreement or court judgment. The rules are laid down in the Tenancy Act 2015 and the Civil Code (CC). In Delft, this falls under the District Court The Hague (district). This article explains how you as a tenant or landlord in Delft should proceed, with local tips and contacts such as the Juridisch Loket Delft.
What is termination of a lease agreement in Delft?
Termination ends the lease agreement prematurely. Possible reasons:
- Force majeure: E.g., large-scale renovation in Delft properties or financial problems due to job loss.
- Fault of party: Landlord fails to maintain, or tenant fails to pay rent.
- Agreement: Both parties in Delft agree.
- Court: Via the District Court The Hague.
In Delft, you often start with a termination declaration, followed by a procedure at the District Court The Hague. See Article 7:278 CC (Tenancy Act 2015).
Legal basis
Main rules:
- CC Book 7: Lease:
- Art. 7:278 CC: Termination by landlord in case of rent arrears.
- Art. 7:280 CC: Tenant in case of defect (e.g., damp in Delft rental properties).
- Art. 7:281 CC: Force majeure.
- Tenancy Act 2015:
- Art. 7:290 CC: In case of fault.
- Art. 7:291 CC: Force majeure.
When is termination possible in Delft?
Overview of common cases:
| Situation | Legal basis | Who can terminate? |
|---|---|---|
| Non-payment of rent (2+ months arrears) | Art. 7:278 CC | Landlord |
| Defect affecting usability (e.g., maintenance issues) | Art. 7:280 CC | Tenant |
| Force majeure (e.g., renovation Delft) | Art. 7:281 CC | Landlord |
| Breach of agreement (e.g., nuisance) | Art. 7:290 CC | Both |
| Agreement | Art. 7:270 CC | Both |
Step-by-Step Plan for Termination of Lease Agreement Delft
Depending on the situation. In case of doubt, contact Juridisch Loket Delft (address: Turfmarkt 37, 2611 DP Delft).
1. Landlord in case of non-payment
Steps:
- Establish arrears: Prove 2+ months rent arrears.
- Notice: Send registered letter with demand (template via Juridisch Loket Delft).
- Termination declaration: Provide in writing (art. 7:278 CC).
- Summons: If no payment, issue summons via District Court The Hague (counter: Rechtbankstraat 1, The Hague).
- Hearing: Judge decides; in case of termination, eviction follows.
2. Tenant in case of defect
- Report defect: Write to landlord (keep copy).
- Termination letter: Demand termination (art. 7:280 CC).
- Court: Start procedure at District Court The Hague if necessary.
3. Mutual agreement
Conclude termination covenant with date and conditions. Notarial deed not required, but consult Juridisch Loket Delft for template.
4. Local assistance in Delft
- Juridisch Loket Delft: Free advice, appointment via 0900-8020 or delft@juridischloket.nl.
- District Court The Hague: Tenancy law procedures; registry: 070-361 07 11.
- Huurteam Delft: Tenants' organization for support.
Important tips for Delft
- Document everything: Photos, letters, invoices.
- Deadlines: Tenant often has 2 months after termination to vacate.
- Costs: Court fee approx. €85 (subsidy possible via Juridisch Loket).
- Urgency: In case of emergency, request summary proceedings at District Court The Hague.
Frequently Asked Questions
Can I evict immediately? No, always via court except in case of agreement.
Where to get help in Delft? Juridisch Loket Delft or Woonbond.