What Does Termination of a Rental Agreement Mean?
Termination of a rental agreement is a legal step whereby a judge terminates the tenancy due to a serious breach by the tenant or landlord. This is a stricter measure than a regular notice of termination and requires a court procedure.
Reasons for Termination
| Breach | By Whom | Example Situation |
|---|---|---|
| Non-payment of rent | Tenant | Long-term payment arrears |
| Extreme nuisance | Tenant | Disturbance of peace in the neighborhood |
| Illegal activities | Tenant | Drug production in the property |
| Neglect of maintenance | Landlord | No repair of defects |
| Breach of privacy rights | Landlord | Unannounced entry |
Steps in the Termination Procedure
- Identify the breach
- Send a formal warning (notice of default)
- If no improvement: file a summons
- Hearing at the sub-district court in The Hague
- Judge assesses the situation and interests
- Possible termination and possibly an eviction order
Termination by the Tenant
When Can You as a Tenant Demand Termination?
As a tenant in Rijswijk, you can request termination in cases of serious negligence by the landlord, such as:
- Major defects that are not addressed
- Repeated infringement on your privacy
- Threats or intimidation by the landlord
- Uninhabitable condition of the property
Consequences of Termination
- The tenancy ends immediately or on a specified date
- The property must be vacated
- Damages may be awarded
- Outstanding debts remain payable
Defense Against a Termination Request
If you are confronted with a termination request, you can defend yourself by:
- Refuting the breach
- Providing evidence that you are addressing the situation
- Explaining your personal circumstances
- Sharing important context with the judge
Does termination differ from notice of termination?
No, notice of termination is a unilateral action, whereas termination always requires a judicial decision based on a breach.
Can termination be prevented?
Yes, by promptly remedying the breach, for example by fully settling rent arrears before the judgment.
What if the judge approves termination?
A deadline is set to vacate the property. Non-compliance results in forced eviction.
Frequently Asked Questions about Termination in Rijswijk
What are my rights as a tenant in Rijswijk?
As a tenant, you have the right to a safe, habitable property, protection against unreasonable rent increases, and the ability to take action if the landlord is negligent.
Can a landlord just increase the rent?
No, rent increases must comply with statutory rules. The landlord must inform you in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The deposit must be held by the landlord and refunded within 30 days after the end of the tenancy, provided no damage has been found.
How do I terminate my tenancy in Rijswijk?
You can terminate the tenancy in accordance with the notice period in your contract, usually in writing and observing the notice period.
What to do if the property is in poor condition?
Request the landlord in writing to carry out repairs. If this does not happen, you can take action yourself and possibly offset the costs against the rent after consultation.
Contact and Assistance in Rijswijk
For legal support, you can contact the Juridisch Loket Rijswijk. Procedures regarding termination are handled by the District Court of The Hague, under which Rijswijk falls.