Interim Termination Clause in Rental Agreements Delft
An interim termination clause is a provision in a rental agreement that allows the contract to be terminated before the normal notice period has expired. This clause can benefit both the tenant and the landlord, but must always be clearly and lawfully drafted. For tenants in Delft, this offers a practical solution in cases of changes in personal circumstances, such as a move within the region or financial challenges.
What is an interim termination clause?
An interim termination clause is a **specific agreement** in a rental agreement that allows the contract to be terminated without waiting for the standard notice period (usually three months). In Delft, this clause may apply, for example, in cases of:
- Relocation to another city, such as Rotterdam or The Hague.
- Divorce or relationship breakdown, making it impossible for the tenant to continue living in the house in Delft.
- Financial problems due to job loss at local employers such as TU Delft.
- Death of a tenant.
- Unexpected situations, such as conflicts with the landlord or neighbors in a Delft neighborhood.
The clause must be **clear and precise** in the contract. Without it, the normal notice period applies. In Delft, you can seek advice from the Juridisch Loket Delft.
Legal basis and conditions in Delft
The legal basis is the **Housing Act 2015** and the **Dutch Civil Code (DCC)**. For tenants in Delft, under the District Court of The Hague (district), these rules are strictly enforced.
Relevant statutory provisions
- Article 7:658 DCC: Standard notice period of three months for rental properties.
- Article 7:659 DCC: Interim termination only if agreed in the contract.
- Housing Act 2015 (art. 7:280a to 7:280l): Specific to social housing in Delft.
- Article 7:661 DCC: Termination in writing, runs from the day after receipt.
Without a clause, unilateral termination is not possible. Contact the Juridisch Loket Delft for assistance.
Practical examples in Delft
Three examples tailored to situations in Delft:
Example 1: Relocation for work at TU Delft
Marie rents an apartment in the center of Delft. She gets a job at TU Delft in another building and wants to move. Thanks to the interim clause, she terminates with one month's notice.
Example 2: Divorce in Delft rental property
Kees and Anna are divorcing and live in a rental house in Poptahof. The clause for irreconcilable situations allows Anna to terminate with two months' notice; Kees continues the contract.
Example 3: Landlord sells property in Delft
Lars rents in the Buitenhof neighborhood. Upon sale, the clause applies: Lars terminates with one month's notice, as he does not wish to stay with the new owner.
Rights and obligations upon interim termination
Be informed to avoid disputes. In case of problems in Delft: District Court of The Hague or Juridisch Loket Delft.
Rights of the tenant
- Right to swift termination if the clause applies.
- Written confirmation from the landlord.
- Refund of deposit upon departure.
Obligations of the tenant
- Submit termination in writing.
- Prove the reason if required.
- Leave the property in good condition.
Rights of the landlord
- Inspection for damage upon handover.
- Collection of rent until the end of the notice period.
Obligations of the landlord
- Respect the clause.
- Provide written consent.
- Prepare a condition report.
What to do in case of problems in Delft?
Consult the Juridisch Loket Delft for free advice or file a case at the District Court of The Hague. Keep all documents.