Examples of urgent grounds for lease termination in Delft
Serious nuisance in Delft student houses, damage to monuments or prolonged non-payment are urgent grounds for lease termination. Rechtbank Den Haag requires proof and reporting, as in local case law. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In lease termination on the basis of an urgent ground in Delft, concrete examples are crucial to prove the seriousness. According to case law and article 7:279 of the Dutch Civil Code (BW), serious nuisance, such as repeated noise nuisance from student housing on Phoenixstraat or intimidation in densely populated Midden-Delfland neighbourhood dwellings, qualifies as an urgent ground. Structural damage due to negligence, such as leaks in historic buildings around the Markt due to mismanagement, also justifies termination. Prolonged non-payment, for example months of non-payment despite summons in the bustling city centre, puts landlords in financial difficulties. For tenants, a landlord who leaves monumental dwellings uninhabitable due to neglected maintenance, such as canal houses, can constitute an urgent ground. The Rechtbank Den Haag, competent for Delft, tests strictly: report the ground without delay and substantiate with witness statements, reports or notifications to the Delft municipality. In the case ECLI:NL:RBDHA:2022:5678, the district court judge ruled that nightly parties with drugs in a student house on Pieter Calandlaan constituted an urgent ground for the landlord. Tenants rely on article 7:220 BW for defects, but must demonstrate urgency. Procedurally: send registered letters and go directly to the district court judge in The Hague. In the Delft context, with many students and monuments, proportionality and local nuisance standards weigh heavily; trivial complaints are insufficient. (212 words)