Can a Landlord Terminate the Tenancy?
In Rijswijk, a landlord cannot terminate the tenancy just like that. This is only permitted on the basis of specific statutory grounds. As a tenant, you enjoy strong rent protection. Even in the event of a notice of termination, you do not have to leave, unless you agree or a court orders eviction.
Statutory Grounds for Termination
| Ground | Explanation | Notice Period |
|---|---|---|
| Poor tenant behaviour | For example, non-payment, causing nuisance or causing damage | At least 3 months |
| Necessary own use | Landlord needs the property themselves | At least 6 months |
| Rejection of reasonable offer | You do not agree to a new tenancy agreement | At least 3 months |
| Change of use | Think of demolition, major renovation or a new zoning plan | At least 6 months |
Steps in Case of Termination
- The landlord sends an official notice of termination (registered mail).
- This states the reason for termination and the period.
- You have 6 weeks to respond.
- If you do not agree? The tenancy continues.
- The landlord must go to the District Court of The Hague to terminate the tenancy.
Necessary Own Use: What Does That Entail?
Strict Requirements
The landlord must prove that:
- The property is urgently needed for their own use.
- There is no alternative solution.
- A suitable alternative property is available for you.
- Their interest outweighs yours.
What to Do in Case of Termination in Rijswijk?
- Disagree? Let the landlord know in writing within 6 weeks.
- Keep paying: Ensure you do not fall into rent arrears.
- Seek advice: Contact the Juridisch Loket Rijswijk or a legal aid provider.
- Wait: You do not have to move out until a court rules.
Diplomat Clause in Rijswijk
If your tenancy agreement contains a diplomat clause (for temporary rental of an owner-occupied property), the landlord has more options to terminate. Nevertheless, strict rules also apply here.
Do I have to leave if the landlord sells the property?
No, a sale is not a valid ground for termination. The new owner takes over your tenancy agreement and becomes your landlord.
May the landlord terminate because their child wants to live in the property?
This may fall under necessary own use, but the landlord must meet strict conditions and you are entitled to an alternative property.
What if I do not respond to the notice of termination?
No response does not mean you agree. The landlord still must go to court to terminate the tenancy.
Frequently Asked Questions about Tenancy in Rijswijk
What are my rights as a tenant in Rijswijk?
As a tenant, you are entitled to a safe, well-maintained property, protection against unreasonable rent increases and the option to take action if the property is uninhabitable.
Can my landlord increase the rent just like that?
No, rent increases are subject to statutory rules. The landlord must inform you in writing at least two months in advance and may not charge more than permitted.
What happens to my deposit?
The landlord must keep the deposit in an account and refund it within 30 days after the end of the tenancy, unless there is damage caused by you.
How do I terminate my tenancy in Rijswijk?
You can terminate the tenancy observing the notice period in your contract. This generally must be done in writing.
What if my property has defects?
Ask the landlord in writing to carry out repairs. If this does not happen within a reasonable time, you can take action yourself and offset the costs against the rent.