In which cases can a landlord terminate the contract the rental contract? And can he just put you on the street? Read it in this month’s blog.
It is not easy for a landlord to get rid of his tenant. Tenants are protected by law against termination of the contract by the landlord. There are many requirements that must be met before a landlord can legally terminate a rental contract. In all cases the landlord must give notice three months in advance, the notice must be given per registered letter, and the landlord has to base the termination on one of the legal grounds
There are many requirements that must be met before a landlord can legally terminate a rental contract. In all cases the landlord must give notice three months in advance, the notice must be given per registered letter, and the landlord has to base the termination on one of the legal grounds
Three months’ notice
A landlord must give notice of the termination at least three months before the intended terminationdate. An extra month is added for each year that the tenant has already lived in the house, with a maximum of six months. If according to the notice the tenant must move out after two weeks of receiving the notice, that notice is not valid.
By registered letter
Notice of termination of the contract must be done by registered letter. If multiple tenants are mentioned in the contract, each tenant must receive their own, separate notice.
The termination ground should be mentioned
In the letter in which the termination is announced, the landlord must also state the grounds on which the termination is based. Only if one of the grounds for termination, as specified by law, is mentioned can the contract can be terminated. There are four legal grounds for termination:
The tenant does not behave as a good tenant
Think of a tenant who did not pay rent for three months or a tenant who deals hard drugs and is causing serious nuisance. In these cases the ‘bad behaviour’ has to be very serious in order for this ground to be valid. Being late with the rent once or twice will not easily lead to a valid termination of the lease contract.
The owner desperately needs the house for his own use
This ground becomes relevant if, for example, the landlord owns two houses and one of them is destroyed by a fire. Or when renovations to a building are so urgent that it is not possible to wait until the tenant has moved. The sale of a property does not constitute as an urgent need for his own use (the new owner automatically takes over the rental contract).
The municipality changed the destination plan and the landlord needs to comply
If the municipality has designated the building as a shopping destination, and the landlord wants to start a store in the house, in principle the landlord can terminate the lease. However, this situation is very rare as most homes also have a residential destination.
The tenant does not agree to a reasonable proposal to enter into a new rental contract
This termination ground is meant especially for independent accommodation. Think of a situation in which the owner adds extra isolation the house after consulting with the tenant. Since extra isolation increases the living comforts it would, in some cases, be reasonable to adjust the rent.
Six weeks response time
Finally, the termination letter from the landlord should mention that the tenant has a period of six weeks in which he can respond to the proposal for termination of the rental contract. If the tenant does not agree with the proposal or if he does not respond, then the landlord must go to court to ask a judge to terminate the lease contract. Only if the court determines that there is a valid ground for termination, the lease will be actually terminated.
In short, if a tenant pays the rent without problems, it wont be easy for the landlord to terminate the rental contract.
Did you receive a proposal for termination of your contract but you don’t want to move?
Please feel free to contact Frently.