Terug naar Encyclopedie
Huurrecht

Legal Grounds for Termination of Tenancy in Delft

Discover the legal grounds for tenancy termination in Delft: protect your rights against unreasonable evictions through the District Court of The Hague and the Legal Aid Desk in Delft.

6 min leestijd
## Legal Grounds for Termination of Tenancy in Delft In Dutch tenancy law, **legal grounds for termination of tenancy** are the specific conditions under which a landlord may end a rental agreement for residential property in Delft. These rules, established by law, protect Delft tenants from unreasonable evictions and align with the strong tenant protections in the Netherlands. Without a valid reason, a landlord cannot take action, which is especially relevant in Delft's competitive housing market, home to many students and young professionals. This article explains these grounds, provides local examples and tips, and includes references to organizations like the Legal Aid Desk in Delft. ### Definition and Explanation of Legal Grounds for Termination in Delft The **legal grounds for termination of tenancy** describe the limited situations in which a landlord can unilaterally end a rental contract for a home in Delft. This applies to standard rental properties and generally excludes room rentals or temporary agreements, except under specific laws. In Delft, where demand for affordable housing is high due to TU Delft and nearby businesses, these grounds offer tenants additional stability. The termination must be in writing, and tenants can challenge it at the District Court of The Hague, which has jurisdiction over Delft matters. These grounds balance the interests of landlords and tenants in the local context. For example, if a landlord wants the property for their own use, termination is possible but only with strict evidence. This article complements our overview of [tenant protection in Delft](/huurbescherming-wanneer-kan-de-verhuurder-niet-opzeggen), which covers cases where termination is not allowed. ### Legal Basis for Delft The grounds for termination are outlined in Book 7 of the Dutch Civil Code (BW), particularly Article 7:271 BW, which defines eight reasons for ending residential tenancies. The law prevents abuse and has been strengthened, including through the Good Landlordship Act (2019), which is strictly enforced in Delft by the Municipality of Delft. - **Article 7:271 paragraph 1 BW**: A tenancy does not automatically end at the expiration of its term unless agreed; termination requires one of the grounds. - **Article 7:273 BW**: Establishes the procedure, including a minimum notice period of three months. - **Article 7:274 BW**: Allows tenants to object within three months of termination, filed with the subdistrict court of the District Court of The Hague. For room rentals or temporary contracts in Delft, often seen among students, there are nuances as outlined in Article 7:232 BW for the private sector. Contact the Legal Aid Desk in Delft or the Rent Assessment Committee for personalized advice. ### The Eight Legal Grounds for Termination in Detail for Delft We explain the eight grounds from Article 7:271 BW, focusing on how they apply in Delft tenancy disputes. The landlord must always provide evidence, and the District Court of The Hague assesses the reasonableness. 1. **Urgent reason due to tenant behavior (Article 7:271 paragraph 1 under a)** In Delft, a landlord may terminate if the tenant misuses the property, such as causing disturbances in a student house or damage to historic buildings. This qualifies as an 'urgent reason'. 2. **Rent arrears (Article 7:271 paragraph 1 under b)** If the tenant is more than three months behind on rent, despite reminders from the landlord or via the Municipality of Delft. 3. **Alternative suitable housing offered (Article 7:271 paragraph 1 under c)** The landlord offers a comparable property in Delft or the surrounding area, which the tenant reasonably cannot refuse. 4. **Landlord wants the property for own use (Article 7:271 paragraph 1 under d)** If the landlord, family, or close relatives need the property in Delft for occupancy, with evidence such as no alternatives available on the local housing market. 5. **Property unfit and not repairable (Article 7:271 paragraph 1 under e)** The property has become uninhabitable and cannot be fixed, for example, due to outdated canal houses in Delft. 6. **Renovation or remodeling (Article 7:271 paragraph 1 under f)** For major renovations that temporarily prevent occupancy, such as energy upgrades in Delft complexes; tenants often receive compensation. 7. **Serious breach of obligations (Article 7:271 paragraph 1 under g)** Repeated violations of rental rules by the tenant, despite warnings from the landlord or local authorities. 8. **Other urgent reasons (Article 7:271 paragraph 1 under h)** This includes situations like the landlord's bankruptcy or forced sale, relevant in Delft's fluctuating market. ### Practical Examples from Delft Consider a tenant in a Delft student flat who repeatedly makes noise, despite complaints to the landlord. Under ground a, termination could follow, supported by neighbor complaints or reports from the Municipality of Delft. Or: A landlord wants to move into a property along the Delft canal for their retired parents. They must prove no alternatives exist; the Supreme Court ruled in 2022 that 'family' is limited to close relations, which is strictly reviewed in local cases by the District Court of The Hague. For renovations (ground f) in a historic Delft block, such as for sustainability goals, tenants receive relocation assistance and cost compensation from the Municipality of Delft. ### Rights and Obligations of Tenants and Landlords in Delft **Rights of the tenant:** - File an objection with the subdistrict court of the District Court of The Hague within three months (Article 7:274 BW). - Protection against termination without grounds; consult the Legal Aid Desk in Delft for free assistance. - In cases of own use: Claim damages if the landlord does not move in. **Obligations of the tenant:** - Pay rent on time to avoid collection through the Municipality of Delft. - Maintain the property and avoid disturbances in Delft's vibrant neighborhoods. - Respond to termination and move out promptly if required. **Obligations of the landlord:** - Provide written termination with the reason and a three-month notice period. - Supply evidence for the ground, possibly through local authorities. - Offer alternative options suitable to the Delft market. For comprehensive advice on renting in Delft, visit the Legal Aid Desk in Delft or the Municipality of Delft's website. EXCERPT: Discover the legal grounds for tenancy termination in Delft: protect your rights against unreasonable evictions through the District Court of The Hague and the Legal Aid Desk in Delft. (128 characters) SEO TITLE: Tenancy Termination Grounds Delft | Legal Help (38 characters) SEO DESCRIPTION: Learn about legal grounds for tenancy termination in Delft: grounds, procedures at the District Court of The Hague, and tips from the Legal Aid Desk in Delft for tenants. (124 characters)

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.