Termination of Tenancy for Urgent Cause
Termination of tenancy due to an urgent cause is a legal procedure whereby a tenant or landlord in Amsterdam can terminate the tenancy agreement in serious situations that are no longer tolerable. This differs from a standard notice of termination and requires a formal approach with concrete grounds. In this article, we explain what an urgent cause means, the relevant laws and how to handle this in Amsterdam.
What is an urgent cause for termination of tenancy in Amsterdam?
An urgent cause concerns such a serious circumstance that continuation of the tenancy is impossible. Think of nuisance, damage to the property or a significant change in living conditions. The law requires that this be reported quickly and directly, so that the other party can respond or remedy it. In Amsterdam, local factors such as high population density often play a role in nuisance complaints.
This provision falls under Book 7 of the Dutch Civil Code (BW), specifically article 7:279 paragraph 1. It stipulates that termination of tenancy is possible in the event of an urgent cause, which must be proven and is not comparable to regular termination.
Legal basis: Article 7:279 BW
The core law is article 7:279 of the Dutch Civil Code, which states:
The tenant or landlord may terminate the tenancy agreement if an urgent cause is present.
Article 7:279 paragraph 2 provides examples of urgent causes:
- Nuisance by the other party, such as noise nuisance, threats or damage.
- Breach of the purpose clause (see article on property purpose), e.g. use for prohibited activities.
- Health hazards such as damp spots, asbestos or extreme filth.
- Payment arrears or bankruptcy of the tenant.
In Amsterdam, the District Court of Amsterdam, Parnassusweg 220 assesses whether an urgent cause is met. Evidence is crucial to demonstrate that the situation is untenable.
Practical examples in Amsterdam
Below are concrete cases that often occur in the city:
1. Neighbour noise and nuisance
In the case of persistent noise, intimidation or damaged property by fellow residents, and if the landlord does not intervene, the tenant can terminate due to urgent cause.
2. Improper use of the property
Landlords in Amsterdam can intervene if a rental property is converted into a café without a permit or used for storage of hazardous materials.
3. Health risks
Mould growth, asbestos or lack of sanitation in old Amsterdam buildings justifies termination. This also applies in cases of legionella or unsafe drinking water.
4. Rent arrears or bankruptcy
Chronic non-payers or bankrupt tenants risk termination by the landlord.
Rights and obligations in termination of tenancy
Both parties have specific rights and obligations.
Rights of the tenant
- Safe living environment: Termination in case of uninhabitable conditions such as asbestos or mould.
- Protection against nuisance: Action if the landlord fails to address neighbour nuisance.
- Financial safeguards: Option to terminate in case of unaffordable rent without immediate eviction.
Rights of the landlord
- Termination in case of serious nuisance or illegal use.
- Action against non-payers after warning.
Procedure in Amsterdam
Send a registered letter with evidence. In case of dispute: summons via District Court of Amsterdam, Parnassusweg 220. Free advice at Juridisch Loket Amsterdam, Vijzelstraat 77. Keep all correspondence and photos.
Tips for success
- Document everything thoroughly.
- Consult the Juridisch Loket at an early stage.
- Consider mediation via the municipality of Amsterdam.