Ground for Termination: Urgent Own Use in Delft
**Urgent own use** is a statutory ground for termination for landlords in Delft who need the rental property themselves. Enshrined in the Rental Act 2024, this protects landlords but with strict conditions. Tenants can object at the District Court of The Hague (Delft district). Contact the Legal Counter Delft for free advice. This article discusses its operation, rights, and actions upon termination.
What does urgent own use entail in Delft?
In Delft, urgent own use applies as a ground for termination of indefinite-term tenancy agreements, pursuant to Article 7:293 of the Dutch Civil Code. This is for landlords without a reasonable alternative, such as:
- Divorce with need for housing for children in Delft.
- Elderly landlord seeking a compact, wheelchair-accessible property in Delft.
- Temporary housing needed for relocation within the Delft region.
The landlord must demonstrate urgent need: no alternative in Delft or surroundings, plus genuine intention to occupy. The District Court of The Hague scrutinizes this strictly.
Statutory basis in the Delft region
Article 7:293 of the Dutch Civil Code requires:
- Own occupation by landlord or close family.
- No suitable alternative in the Delft region.
- Demonstrable urgency with supporting documents.
Termination in writing, with notice period and documents. In case of dispute: proceedings at the District Court of The Hague. The Legal Counter Delft assists with preparation.
When may termination occur in Delft?
For urgent own use in Delft, landlords must meet these conditions:
1. Demonstrate reasonable need
Genuine necessity, e.g.:
- Divorce while staying near school in Delft.
- Health issues requiring single-level property locally.
- Interim solution for relocation to Delft.
2. No alternative in Delft
Proof of search for comparable properties:
- Specific adaptations (wheelchair) not available elsewhere.
- Work/school in Delft necessitates local establishment.
- Budgetarily no option outside Delft.
The judge verifies efforts. Search assistance via Legal Counter Delft.
3. Urgent nature
Urgency must be acute, not future plans. Non-compliance: successful defense at court.
Your rights as a tenant in Delft
You do not have to agree. Within 2 months after termination notice: block summons via District Court of The Hague. Grounds for defense:
- Urgency not proven.
- Alternatives disregarded.
- Landlord re-let later (abuse).
Call Legal Counter Delft for assistance. If successful: possible compensation.
Procedure at the District Court of The Hague
1. Received termination letter? Check conditions. 2. Within deadline: file defense. 3. Hearing: demand proof. 4. Judgment: possible compulsory extension of tenancy.
Help in Delft
- Legal Counter Delft: Free advice, locally accessible.
- District Court of The Hague: Handles Delft cases.
- Delft Tenants' Union for termination checks.