Conditions for the validity of an interim termination clause in Delft

An interim termination clause in a rental agreement in Delft must meet strict conditions to be legally valid. According to Article 7:271 of the Dutch Civil Code (BW), the clause must be in writing and unambiguous in the contract, without room for interpretation. In Delft, where the rental market is tight due to students from TU Delft and commuters to The Hague, clear requirements are crucial: a precise description of grounds for termination such as urgent personal reasons, financial emergencies or own use by the landlord, plus a reasonable notice period of a maximum of one month. The District Court of The Hague, which handles cases from Delft, strictly tests these clauses for reasonableness and fairness. One-sided clauses that only benefit the landlord, such as for renovations in historic buildings around the Market, are often declared invalid. For 'own use', the landlord must provide proof of urgency, for example for family housing. Tenants in Delft can rely on general tenancy law protection via the Huurcommissie or the court if the clause is null and void. Practical examples from Delft show that vague formulations, such as 'by mutual consent' in student contracts, lead to disputes at the cantonal court. A recent case involved a tenant in the Buitenhof neighbourhood who challenged an invalid clause. Advice: have the clause reviewed by a local tenancy law lawyer in Delft before signing. In case of violation, the District Court of The Hague may suspend the termination, keep the tenant in the property and award damages, taking into account the high Delft housing prices. (278 words)