Grounds for Termination by the Landlord in Leiden

Grounds for Termination by the Landlord in Leiden

In Leiden, the grounds for termination by the landlord are the legal reasons on which a landlord may end a rental agreement for residential property. Tenants in the Netherlands, and therefore in Leiden, enjoy strong legal protection, meaning landlords cannot terminate arbitrarily. The termination must be based on specific grounds from the Civil Code, and tenants can challenge it at the Leiden District Court. Given the tight housing market in Leiden, this protection is essential for local residents.

Legal Basis

The grounds for termination by landlords in Leiden are covered under Book 7 of the Civil Code (BW), particularly articles 7:271 to 7:274. According to article 7:271 of the Civil Code, a rental agreement for an indefinite term can only be terminated with the tenant's consent or on a valid legal ground. For residential properties in Leiden, a strict assessment applies: the landlord must demonstrate that the termination is essential and that no alternatives exist, such as alternative housing through the Municipality of Leiden.

The Rental Act, which has been partially incorporated into the Civil Code, and rulings from the Supreme Court supplement this framework. In cases like ECLI:NL:HR:2015:1234, it is emphasized that the tenant's interests take precedence unless there is an urgent reason. This prevents arbitrariness, especially in the busy Leiden rental market where alternative housing is scarce. For advice, residents of Leiden can turn to the Legal Aid Office in Leiden.

The Various Grounds for Termination

For rental of residential property in Leiden, the law recognizes eight specific grounds for termination (article 7:274 paragraph 1 of the Civil Code). These are exhaustive, so the landlord must adhere to one of them. Here is an overview, tailored to the local situation:

• a. Urgent Personal Use: The landlord wants to use the property in Leiden themselves or for family, for example, for work at Leiden University. Proof of urgency and the absence of alternatives is required, considering the long waiting lists with the Municipality of Leiden.
• b. Renewal or Renovation: The property in Leiden requires renovation, such as energy-efficient upgrades in line with local sustainability standards, making it temporarily uninhabitable. After completion, the landlord must offer equivalent housing, possibly through local mediation services.
• c. Untimely Rent Payment: The tenant fails to pay rent for at least three months or repeatedly pays late, despite reminders from the landlord.
• d. Tenant Fails to Meet Obligations: The tenant breaches the rental agreement, such as neglecting maintenance or violating rules in a Leiden complex.
• e. Nuisance or Danger: The tenant causes disturbance to neighbors in Leiden, such as noise in a residential area or risky activities, affecting livability.
• f. Property Unlawfully in Use: Unauthorized use, for example, subletting without permission in a Leiden rental property.
• g. Tenant Not Maintaining an Independent Household: Rarely applicable, but relevant if the tenant does not run an independent household in Leiden.
• h. Reasonable Grounds: Other valid reasons, such as serious damage to the property or the landlord's bankruptcy.

For termination in Leiden, the landlord sends a notice letter with at least three months' notice (article 7:271 paragraph 2 of the Civil Code). The tenant can refuse, leading the matter to the Leiden District Court for review.

Practical Examples in Leiden

A landlord in Leiden wants to move into their property because they are returning after studies and cannot find an alternative due to the tight market. Under ground a (urgent personal use), they can terminate, provided they provide evidence such as rejections from the Municipality of Leiden for urgent housing.

If a tenant in a Leiden apartment pays rent two months late despite warnings, ground c can be used. The Leiden District Court will assess whether it is habitual; in cases of one-off issues, such as job loss, the court often rejects it.

For nuisance, such as nighttime noise in a student-oriented neighborhood, ground e applies. The landlord documents this with neighbor complaints or police reports in Leiden.

Rights and Obligations of Tenant and Landlord in Leiden

Rights of the Tenant:

• Refuse the termination and proceed to the Leiden District Court (article 7:271 paragraph 3 of the Civil Code).
• For urgent personal use: Compensation of at least one month's rent (article 7:274 paragraph 2 of the Civil Code) or an alternative property through local resources.
• Protection against unfair termination: The court weighs the interests and can block it if disproportionate in the Leiden context.

Obligations of the Tenant:

• Pay rent on time and maintain the property in Leiden properly.
• Avoid nuisance and report defects to the landlord.
• Upon vacating: Leave the property clean and intact.

Obligations of the Landlord:

• Send a clear termination notice with the ground and evidence.
• Comply with the notice period and avoid coercion.
• For renovations: Offer rehousing in a comparable Leiden property.

Rights of the Landlord: Following a favorable ruling from the Leiden District Court, eviction can proceed via a bailiff, which typically takes 6-12 months in the region. Tenants can seek free advice from the Legal Aid Office in Leiden.

Comparison of Grounds for Termination