Yaşayış evinin icarə müqaviləsinə xitam verilməsi: ev sahibi nə vaxt müqaviləni ləğv edə bilər?

A landlord can only end a residential tenancy against the tenant’s will through the subdistrict court (kantonrechter): either by giving notice on a statutory ground and then asking the court to fix the end date, or by asking the court to dissolve the lease because the tenant has seriously breached it. A tenant, by contrast, can end the lease simply by giving notice.

This article covers self-contained and non-self-contained residential accommodation, both social and private sector; business premises are outside its scope.

Which types of residential tenancy agreement are there?

The main distinction is between tenancies for an indefinite period and temporary tenancies. Since 1 July 2024 the indefinite tenancy is again the norm and temporary contracts are only allowed for specific groups.

A tenancy for an indefinite period gives the tenant the most protection. The landlord can only end it on a statutory ground, by giving notice in the prescribed form and, if the tenant does not agree, with the court’s decision. Both parties must observe the statutory notice periods.

Under the Act on permanent tenancy agreements (Sabit Kirayə Müqavilələri Qanunu), which entered into force on 1 July 2024, landlords may only offer new temporary contracts to specific groups. According to the Dutch government these include students who come to study in another municipality, people who temporarily move for work or renovation of their home, people coming from social care or in an emergency housing situation, tenants who get a second chance after an earlier contract ended, and separating parents who need temporary housing near their children. Such a contract lasts at most two years. The landlord must inform the tenant in writing one to three months before the end date; a temporary contract that is continued becomes a contract for an indefinite period.

Temporary contracts concluded before 1 July 2024 keep their original rules. Previously, self-contained homes could be let for up to two years and non-self-contained accommodation, such as a room in a shared house, for up to five years.

The government is also consulting on a bill on appropriate tenancy agreements (wetsvoorstel passende huurcontracten), which would limit short-stay lettings to 30 days and create more room for temporary contracts for students and migrant workers. The public consultation ran from 2 July to 28 August 2026; the bill has not been adopted, so the current rules still apply.

What is the difference between notice and dissolution?

Notice (opzegging) ends the lease with a notice period and, for a landlord, a statutory ground. Dissolution (ontbinding) ends the lease because a party has failed to perform, and for residential leases it requires a court decision.

Xəbərdarlıq

Under Article 7:271 of the Dutch Civil Code (BW), notice must be given by bailiff’s writ or by registered letter. If the tenant’s spouse or registered partner is a co-tenant, notice must be given to each of them separately. A landlord must state the ground for the notice; without it, the notice is void.

The notice periods are:

• for the tenant: equal to the rent payment period, at least one month and at most three months;
• for the landlord: at least three months, extended by one month for each full year the tenant has occupied the home, up to a maximum of six months.

After the landlord’s notice, the tenant has six weeks to say whether he or she agrees. If the tenant does not agree in writing, the lease continues by operation of law until the court has decided with final effect (Article 7:272 BW). After those six weeks the landlord can ask the court to fix the date on which the lease ends.

Çıxarma

Dissolution requires a breach by the tenant. Under Article 7:231(1) BW, a residential lease can only be dissolved on the ground that the tenant failed to perform by the court. There are narrow exceptions in Article 7:231(2) BW, for example when the mayor has closed the home because of drug dealing under the Opium Act or for reasons of public order.

On which grounds can a landlord give notice?

Only on the grounds listed in Article 7:274(1) BW. The court grants the claim to end the lease only if one of those grounds is established; in summary:

• The tenant has not behaved as a good tenant should, for example because of serious nuisance or rent arrears.
• A valid eviction clause (ontruimingsbeding) was agreed, for example because the landlord or a previous occupant wants to move back in, provided the strict conditions of Article 7:274(2) BW are met.
• The landlord urgently needs the home for his or her own use. The court weighs the interests of both parties and the tenant must be able to obtain other suitable accommodation.
• The tenant refuses a reasonable offer to enter into a new tenancy agreement for the same home, under the conditions of that provision.
• The landlord wants to realise a function that the applicable environment plan (omgevingsplan) assigns to the property.
• The home forms part of the landlord’s own home (non-self-contained accommodation in the landlord’s house), and the landlord’s interests outweigh those of the tenant.
• The home is in a building with an environmental permit for a limited period of at most fifteen years, and the notice is given against the expiry of that permit.
• A private landlord who lets a single home wants to sell it, having lived in it as owner for at least two years before the lease began, and this ground was expressly agreed in the lease.
• A tenant under a specific youth contract has reached the age of 28 and can obtain other suitable accommodation.

Urgent own use is a demanding ground. Examples are a landlord who wants to live in the home himself or herself, or a close family member of the landlord. The court looks at how urgent the landlord’s need is and whether the tenant can find other suitable housing.

When can the court dissolve the lease for breach?

If the tenant fails to perform an obligation, the landlord can ask the court to dissolve the lease. Only a failure of sufficient weight justifies dissolution, and the court weighs all circumstances, including the consequences for the tenant.

The legal basis is Article 6:265(1) BW: every failure of a party to perform gives the other party the right to dissolve the contract, unless the failure, given its special nature or minor importance, does not justify dissolution. In its judgment of 28 September 2018 (ECLI:NL:HR:2018:1810) the Dutch Supreme Court (Ali Məhkəmə) held that no special rules apply to social housing: this general framework offers enough room to take all circumstances into account, including the tenant’s interest in keeping the home and the risk of homelessness. Even if the tenant does not appear in court, the court may examine whether the breach justifies the drastic consequence of eviction.

The most common breaches are:

• Rent arrears. Under the national guidelines of the subdistrict courts, a claim for dissolution because of rent arrears is in principle granted if the arrears amount to three monthly instalments. Even then, the court may give the tenant a period to pay or order a conditional dissolution.
• Nuisance. A tenant who does not behave as a good tenant and causes serious, demonstrable nuisance, such as structural noise or threats towards neighbours, can lose the home. The landlord must be able to prove the nuisance.
• Use contrary to the agreed purpose. Using the home as business premises or for criminal activities, such as a cannabis farm, is a breach of contract.
• Unauthorised subletting. Subletting the whole home without the landlord’s permission is a serious breach that can justify dissolution.

Before the landlord claims dissolution, he or she usually sends a notice of default (inbrerektelling) giving the tenant a reasonable period to remedy the breach. In the case of serious breaches that cannot be remedied, such as a cannabis farm, this step may not be needed.

Prosedur necə işləyir?

If the tenant does not leave voluntarily, the landlord must go to the subdistrict court. The landlord cannot decide alone that the lease has ended, even if the tenant has seriously breached it.

• Notice of default: send a registered letter describing the breach and setting a reasonable deadline to remedy it. Keep proof of dispatch.
• Summons: if the tenant does not remedy the breach, a bailiff serves a summons in which the landlord claims dissolution of the lease and eviction. In a notice procedure, the landlord instead asks the court to fix the date on which the lease ends.
• Hearing: the court hears both parties. The landlord must prove the breach or the ground for notice; the tenant can put forward his or her side and any mitigating circumstances.
• Judgment: the court grants or rejects the claim. If it grants it, the court sets the period within which the tenant must leave. The court needs to know whether minor children live in the home, because that can lead to a longer eviction period.
• Eviction: if the tenant does not leave voluntarily, the bailiff can enforce the eviction.

Xülasə icraatı nə vaxt bir seçimdir?

In urgent situations, such as serious nuisance, dangerous situations or drug dealing from the home, a landlord can ask the court in summary proceedings (kort gedin) for a provisional order to vacate. The court must be convinced that the matter is urgent and that the claim is very likely to succeed in proceedings on the merits.

After a provisional eviction order, proceedings on the merits can still follow. Summary proceedings only make sense with clear, serious and documented breaches.

Which problems do landlords often run into?

The tenant does not respond to the notice of default

That does not stop the procedure: the landlord can go to the subdistrict court. Keep all evidence of service, including the track-and-trace of the registered letter. If the tenant does not appear in court, the claim is often granted, but the court may still reject it if dissolution would be unreasonable.

Yetərsiz sübut

The burden of proof lies with the landlord. Without sufficient evidence, the court will reject the claim. Gather documents before you start:

• rent arrears: bank statements, payment reminders and an overview of the months in arrears;
• nuisance: police reports, complaints from neighbours and correspondence with the tenant;
• unauthorised subletting: photographs, statements and advertisements.

What happens with the deposit and service costs when the lease ends?

For contracts concluded from 1 July 2023, the deposit may be at most two months’ basic rent, and the landlord must repay it within 14 days after the lease ends, or within 30 days if deductions are made. The service costs are settled through the statutory overview.

The landlord may only deduct specific items from the deposit, such as unpaid rent, unpaid service costs and damage caused by the tenant, and must specify any deductions in writing. Under Article 7:259 BW the landlord must give the tenant an itemised overview of the service costs each year, at the latest six months after the end of the calendar year; if the lease ends during the year, the overview covers the part of the year that has passed.

Ev sahibi olaraq nəyi yoxlamalısınız?

A notice or dissolution claim fails quickly on form or evidence. Check these points before you act:

• Check whether the lease is for an indefinite period or a temporary contract, and which rules applied on the date it was concluded.
• Give notice by bailiff’s writ or registered letter, state a ground from Article 7:274(1) BW and observe the notice period of three to six months (Article 7:271 BW).
• For a breach, send a notice of default by registered letter with a reasonable deadline and keep the track-and-trace.
• Collect evidence before you start: bank statements, police reports, neighbours’ complaints or advertisements for subletting.
• Consider a written settlement on voluntary departure before you go to court.

Kirayəçi olaraq nəyi yoxlamalısınız?

Your lease is protected: without your written agreement, it continues until the court has decided (Article 7:272 BW). Check these points:

• Check whether the landlord’s notice was given by bailiff’s writ or registered letter and states a statutory ground.
• Do not sign an agreement to end the lease within the six weeks after the notice without advice.
• For rent arrears, pay or propose a payment plan before the arrears reach three monthly instalments.
• Respond to a notice of default in writing and within the deadline.
• At the end of the lease, check that the deposit is repaid within 14 days, or 30 days with specified deductions.

What can we do for you with ending a residential tenancy?

Bizim icarə vəkilləri act for landlords and tenants:

• We check the lease and tell you which rules and notice periods apply.
• We draft the notice of termination with the correct statutory ground, or assess a notice you received.
• We draft the notice of default and collect the evidence for a dissolution claim.
• We conduct the proceedings before the subdistrict court, including summary proceedings in urgent cases.
• We negotiate and record a settlement on voluntary departure.

xülasə

• A landlord cannot end a residential lease against the tenant’s will without the subdistrict court; a tenant can simply give notice of one to three months.
• A landlord’s notice must be given by bailiff’s writ or registered letter, state a statutory ground from Article 7:274 BW and observe a notice period of three to six months.
• Dissolution for breach requires a court decision (Article 7:231 BW) and a breach of sufficient weight; for rent arrears the guideline is three monthly instalments.
• Since 1 July 2024 new temporary contracts are only allowed for specific groups and for at most two years.
• A deposit for contracts from 1 July 2023 is at most two months’ basic rent and must be repaid within 14 or 30 days.

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