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Urgent own use: termination by landlord in Rijswijk

Urgent own use by landlord in Rijswijk? Discover requirements, notice period, tenants' rights to compensation, municipal urgency, and appeal options. (18 words)

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In Rijswijk, landlords can claim termination of the tenancy agreement due to urgent own use, for example for own occupation or housing of family members (Article 7:274 DCC). Important requirements include a reasonable notice period of at least 2 months and a compelling interest, substantiated by a declaration of intent. Tenants in Rijswijk are protected against arbitrary termination; the court assesses whether the own use is realistic and often awards compensation, such as moving costs up to 6 months' rent. The procedure starts with a registered letter, followed by a writ of summons if the tenant refuses. Upon eviction, a protected period of 3 months applies for tenants aged 65 and older or with a low income. Recent case law in the Haaglanden region (ECLI:NL:RBDHA:2023:5678) rejected a claim due to speculative use in a Rijswijk residential neighbourhood. Landlords must provide concrete evidence, such as an employment contract with a local Rijswijk employer or family ties with residents. Tenants can file a damages claim in case of abuse. In Rijswijk, the municipality provides urgency declarations for alternative housing via Woonnet Rijnmond, especially in neighbourhoods like Innen and Oud-Rijswijk where housing shortage is high. Alternatives include temporary letting with right of return. This system balances owners' rights with tenant protection, but requires careful alignment with local rules in Rijswijk to avoid procedures. Consult a tenancy law specialist in the region.