Ground for Termination: Urgent Own Use in Rijswijk
**Urgent own use** constitutes a statutory basis for landlords in Rijswijk to terminate a tenancy agreement when they urgently need the property themselves. This option, regulated in the Housing Act 2024, protects landlords but imposes strict requirements. Tenants in Rijswijk can object via the District Court of The Hague or seek advice from the Rijswijk Legal Advice Centre. This article discusses its operation, rights, and next steps.
What does urgent own use entail for Rijswijk?
In Rijswijk, urgent own use applies as a ground for termination for tenancy agreements of indefinite duration, as laid down in Article 7:293 of the Dutch Civil Code. It concerns cases in which the landlord must occupy the property themselves, for example:
- Divorce with necessity for housing children in Rijswijk.
- Older landlord seeking a single-storey property in Rijswijk due to mobility issues.
- Temporary need for the property during transition to new housing in the The Hague region.
The landlord must prove that the need is urgent, without a suitable alternative in Rijswijk or surrounding areas, and with a genuine intention to occupy.
Statutory requirements
Article 7:293 of the Dutch Civil Code requires the landlord to demonstrate:
- Intention to occupy the property themselves.
- No reasonable alternative, such as elsewhere in the District Court of The Hague district.
- Urgent necessity, supported by documents.
Termination must be in writing with supporting evidence. In case of dispute, the District Court of The Hague (district for Rijswijk) handles the case.
When is termination permitted in Rijswijk?
Termination requires satisfaction of multiple criteria:
1. Demonstrate reasonable need
The landlord proves genuine necessity, such as:
- Mandatory relocation due to divorce or care needs.
- Health issues making the current property unsuitable.
- Temporary bridge housing for relocation within Rijswijk.
2. No alternative available
Proof of search for alternatives in Rijswijk/The Hague, for example through:
- Need for adapted housing (wheelchair accessible).
- Location-bound reasons (work/school in Rijswijk).
- Budget constraints on the local market.
The court strictly reviews the efforts.
3. Urgent nature
The situation must be acute, without possibility of postponement. In case of non-compliance, you can raise a defence at the District Court of The Hague. Contact the Rijswijk Legal Advice Centre for free advice.
Your rights as a tenant in Rijswijk
You do not have to agree. Within 2 months after termination, you can initiate summary proceedings at the District Court of The Hague. Possible defences:
- Lack of urgency or alternative.
- No genuine intention (e.g., quick re-letting).
- Breach of notice period (minimum 3 months).
If successful, you retain the tenancy right; otherwise, eviction follows. Assistance via Rijswijk Legal Advice Centre or tenancy teams in the region.
Procedure at the District Court of The Hague
For Rijswijk: summons via the registry of the District Court of The Hague. Prepare evidence and consider mediation.