Subletting and Urgent Termination of Temporary Contracts in Rijswijk
In Rijswijk, urgent termination in subletting follows analogous procedures with faster processes and reduced tenant protection. Evidence is crucial, such as in cases of nuisance in local flats.
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Arslan AdvocatenLegal Editorial
2 min leestijd
Subletting, regulated under Article 7:232 of the Dutch Civil Code (BW), is popular in Rijswijk due to the busy rental market near The Hague and the demand for temporary housing for expats and commuters. It differs from regular tenancy agreements due to its short-term nature, but urgent termination applies analogously with expedited procedures. Subtenants in Rijswijk apartments can terminate the agreement in cases of serious nuisance caused by the main tenant, such as illegal occupancy in flats on Godfried Bomanslaan. The landlord may terminate the agreement in cases of default, provided it is promptly reported to the municipality. Specifically for furnished rentals with temporary contracts in Rijswijk, these automatically end after the term, but urgent reasons can expedite termination via the subdistrict court in The Hague. The court applies stricter scrutiny due to the temporary nature; evidence such as messages, videos, or neighbor statements from districts like Innen is crucial. Examples include party-related nuisance in a holiday home near Delftselaan or damage caused by partygoers in a Rijswijk mansion. Procedure: immediate termination plus expedited court proceedings. Tenants have reduced housing protection due to the temporary nature. Costs are lower due to the expedited process, which is relevant for Rijswijk landlords with high turnover rates. In ECLI:NL:RBDHA:2023:4564, the District Court of The Hague ruled on the dissolution of a subletting agreement in Rijswijk due to threats and nuisance. Unlike main tenancy agreements, there is no involvement of the Rent Commission; the Dutch Civil Code applies directly. Advice: explicitly regulate the rental agreement with Rijswijk-specific nuances, such as local noise regulations. Property owners should protect themselves through deposits and insurance against damage in busy neighborhoods. Subletting offers flexibility in Rijswijk but carries risks of stricter enforcement in cases of misuse.