Interim Rental and Urgent Termination of Temporary Contracts in Delft
In Delft, interim rental applies urgent termination analogously, with faster procedures and less protection for the tenant. Evidence is crucial, especially in cases of student nuisance. (20 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
Interim rental in Delft, regulated in Article 7:232 of the Dutch Civil Code (BW), differs from regular rental due to its short-term nature, ideal for students around TU Delft or temporary residents in the historic city center. Urgent termination applies here analogously, with faster procedures and less residential protection for the tenant. Subtenants may terminate in case of serious nuisance by the main tenant, such as illegal occupancy in a student house on Phoenixstraat. The landlord terminates in case of non-performance, provided it is reported without delay to the municipality of Delft. Specifically for furnished rental with a temporary contract in Delft holiday homes, this ends automatically, but an urgent reason accelerates the process. The court examines more strictly due to the temporary nature; evidence via messages, videos or neighbor statements from the neighborhood is crucial. Examples: party nuisance in a rental apartment near Delft-Zuid station or damage by groups of partygoers in a property on Oude Delft. Procedure: immediate termination plus proceedings before the sub-district court in The Hague if necessary. Tenants lose less protection. Costs lower due to expedited procedure. In a recent case at the District Court of Rotterdam (ECLI:NL:RBROT:2023:111), an interim rental in the Delft region was dissolved due to threats and nuisance. Unlike main rental: no Huurcommissie, direct application of the BW. Advice for Delft landlords: explicitly regulate the rental agreement with clauses regarding TU Delft students. Property owners protect via deposit and local insurances. Interim rental offers flexibility for the vibrant Delft rental market, but risks of abuse by temporary residents are increasing due to high demand.