Introduction
A tenancy agreement for residential accommodation may be terminated only by the subdistrict court, and only for breach of contract by the tenant or on other legal grounds. Terminating a tenancy agreement is legally complex and can lead to disputes. The landlord cannot unilaterally terminate the tenancy agreement – the law provides tenants with strong protections. Upon termination of the tenancy agreement, tenants are entitled to a final statement of service costs and a refund of the deposit.
This article discusses the termination of tenancy agreements by both landlords and tenants, the legal grounds for termination, and the procedure to be followed. The focus is on regular residential accommodation, including social housing and private sector accommodation. Topics such as the termination of commercial premises or non-independent accommodation are outside the scope of this article.
This information is intended for landlords considering terminating a tenancy agreement, tenants seeking to understand their rights, and property managers facing termination issues in practice. The tenant has the right to respond to a termination letter from the landlord within six weeks.
Key answer: A landlord may terminate a residential tenancy agreement only by seeking a court ruling, and only if there is a valid legal ground, such as a serious breach of contract, urgent personal use, or other reasons specified by law. The law gives the court the power to assess whether termination or cancellation of the tenancy agreement is justified.
Key learning points:
- Termination differs fundamentally from cancellation and always requires the magistrate’s intervention; it is important to distinguish between terminating a tenancy agreement by cancellation and by dissolution.
- Rent arrears, nuisance caused by the tenant, and illegal subletting are the most common grounds for termination
- The tenant enjoys strong rent protection, especially under a fixed-term lease for an indefinite period.
- The court always weighs up the interests involved before granting dissolution.
- Extrajudicial termination is virtually never possible in the case of residential accommodation
Types of tenancy agreements
When entering into a tenancy agreement, it is important to understand the type of tenancy you are entering into, as this has direct implications for the rights and obligations of both the tenant and the landlord. In the Netherlands, we broadly distinguish between three main types: the open-ended tenancy agreement, the temporary tenancy agreement, and the tenancy agreement for non-self-contained residential accommodation.
A lease agreement for an indefinite period – also known as a fixed-term lease agreement – offers the tenant the most rent protection. In such cases, the landlord may terminate the lease or dissolve the rental agreement only if there are legal grounds, such as a serious breach of contract or urgent personal use. Termination must always be in writing, accordin observance with the statutory notice period. If the tenant disagrees, only a court can dissolve the rental agreement.
In a temporary tenancy agreement, the rental period is agreed. At the end of this term, the tenancy automatically ends, provided that the landlord has given timely written notice. However, strict legal rules also apply here: the landlord may not simply terminate the tenancy prematurely, and in the event of a dispute, the court may be asked to rule on the termination of the tenancy agreement. Since the introduction of the Fixed-Term Tenancy Act, the possibilities for temporary contracts have been further restricted.
Partly different rules apply to non-independent accommodation, such as rooms in a student house. In such cases, it is often more difficult to terminate a tenancy agreement, especially if the tenant behaves as a good tenant. Even in the event of nuisance caused by the tenant or illegal subletting, the landlord must comply with the legal procedures and an out-of-court termination is rarely possible without the intervention of the court.
In all cases, terminating or dissolving a tenancy agreement requires care. Whether it concerns a fixed-term tenancy agreement, a temporary tenancy agreement or a contract for non-self-contained accommodation, the landlord must comply with the legal rules and notice periods. In severe situations, such as nuisance or illegal subletting, summary proceedings may be necessary to have the property vacated quickly.
If you cannot reach an agreement, or if you are unsure about your rights and obligations, it is wise to seek legal advice in good time from a legal advice centre or a solicitor specialising in tenancy law. This will help you avoid unnecessary risks and ensure that the termination of the tenancy agreement is carried out in accordance with the rules.
What is the termination of a tenancy agreement?
Termination of the tenancy agreement is a legal procedure whereby a court ruling terminates the tenancy agreement. Terminating a tenancy agreement (‘terminating a tenancy agreement’) is different from giving notice to quit: when giving notice to quit, the contract is terminated in accordance with the statutory notice periods and conditions, whereas in the case of termination, the court must intervene due to a breach by one of the parties. Unlike termination by mutual consent, compulsory termination involves a conflict that the magistrate must judge.
Termination versus cancellation
The legal distinction between termination and cancellation is essential. In the case of cancellation, the landlord terminates the lease by registered letter, observing the statutory notice period ( ) – a minimum of three months, increasing in line with the length of the lease. The tenant must agree to this, otherwise legal proceedings will follow.
Termination is different: it requires a breach of contract and direct court intervention. Any failure to comply with the tenancy agreement may be grounds for termination, unless the failure is minor. Termination is quicker than cancellation when there is proven breach of contract, but it does require evidence.
Different rules apply to temporary tenancy or rental agreements: the tenancy ends by operation of law at the end of the agreed rental period, provided that notice has been given correctly. However, since the Fixed Tenancy Agreements Act came into force on 1 July 2024, the possibilities for new temporary contracts have been severely limited.
Tenancy protection for residential accommodation
Tenants have a strong legal position regarding residential accommodation, particularly under open-ended contracts. The law does not allow landlords to determine when the tenancy agreement ends unilaterally. This applies equally to social housing and private sector housing.
In 2018, the Supreme Court confirmed that no special rules apply to social housing; existing legal rules provide sufficient scope to take all circumstances into account, including the risk of homelessness for the tenant. Nevertheless, the threshold for termination remains high.
With the introduction of the Fixed-Term Tenancy Act, it has become more difficult for landlords to offer temporary tenancy agreements. This strengthens tenants’ position and makes knowledge of termination rules even more important for landlords.
Legal grounds for termination by the landlord
The landlord may request that the court terminate the lease only if there are legally recognised grounds. Article 7:231 of the Dutch Civil Code stipulates that termination of a residential lease may occur only through the courts. Extrajudicial termination by an extrajudicial declaration is not permitted in residential leases.
Breach of contract by the tenant
The most common ground for termination is breach of contract: the tenant fails to fulfil their obligations. Specific examples include:
Rent arrears – If the tenant consistently fails to pay rent, the landlord may terminate the lease. In practice, courts usually accept arrears of two to three months as sufficient grounds, although they sometimes grant a reasonable period of one month to fulfil obligations.
Nuisance – If the tenant fails to behave as a good tenant and causes a systemic nuisance, such as noise pollution or threats, termination may be warranted. However, the nuisance must be serious and demonstrable. Serious and demonstrable nuisance to neighbours can also lead to the termination of a tenancy agreement.
Use contrary to the agreed purpose – If the tenant uses the property for purposes other than residential, for example as commercial space or for illegal activities, this constitutes a breach of contract.
Illegal subletting – If the tenant sublets the property without permission, this constitutes a breach of contract that justifies termination.
Before termination is demanded, the landlord must usually send a notice of default giving the tenant a reasonable period of time to remedy the breach. The tenant must be given the opportunity to remedy the breach. In the case of serious breaches, the court may decide otherwise.
Landlord’s own use
The landlord may seek termination or cancellation if he urgently needs the property for his own use. This applies, for example, if the landlord wishes to move into the property himself, or if a close family member such as a child or registered partner wishes to move in.
The court will always weigh up the interests involved: do the landlord’s interests outweigh those of the tenant? Factors include the availability of suitable accommodation for the tenant and the urgency of the landlord’s need.
Other legal grounds
In addition to breach of contract and urgent personal use, the law mentions other grounds:
- Refusal of a reasonable offer – The tenant refuses a reasonable offer for a new tenancy agreement with amended terms and conditions
- Applicable zoning plan – The property must be demolished or renovated in accordance with the zoning plan
- Interim tenancy – In the case of a temporary tenancy with a right of return for the original occupant, who needs the property again
- Special nature of the rental – Specific situations in which the tenancy agreement was of a special nature that justifies termination. An example of this would be renting to a student for the duration of their studies, in which case it is logical that the tenancy agreement ends once the studies are completed.
The court will also assess whether termination is justified on these grounds and whether the interests of the tenant have been sufficiently taken into account.
Procedure for terminating a tenancy agreement
Only the subdistrict court can terminate a tenancy agreement for residential accommodation. The landlord cannot decide independently that the tenancy agreement will end; if the tenant does not agree to termination, the landlord must ask the court to terminate the tenancy agreement. In the case of joint tenancy, the landlord is also obliged to send a reminder of the end date or termination to all tenants. Below is an overview of the steps and options.
Steps in the termination procedure
The procedure for terminating a tenancy agreement is as follows:
- Send a notice of default – Send a registered letter stating the shortcoming and setting a reasonable deadline for rectification. Keep proof of dispatch.
- Draw up a summons – If the tenant does not respond or remedy the breach, have a bailiff issue a summons. In this summons, you demand termination of the tenancy agreement and eviction.
- Hearing before the magistrate – The judge will hear the case and hear both parties. The landlord must prove the breach of contract; the tenant may invoke mitigating circumstances.
- Judgment – The court grants or rejects the termination. If granted, the court sets a date by which the tenant must vacate the property. It is often determined that the rented property must be vacated within fourteen days.
- Possible eviction – If the tenant does not leave the property voluntarily, the bailiff can evict them with police assistance.
The average duration of regular proceedings is four to eight months. Costs are usually between €500 and €2,000, depending on the complexity of the case.
Summary proceedings for urgent cases
In urgent situations, summary proceedings for eviction can offer a quicker solution. Below is a comparison:
| Criterion | Normal proceedings | Summary proceedings |
| Processing time | 4-8 months | 2-6 weeks |
| Cost | €2,500-€6,000 | €2000-€3500 |
| Burden of proof | Full evidence required | Prima facie evidence sufficient |
| Suitable for | All grounds for dissolution | Urgent cases |
| Judgment | Final judgment | Provisional relief |
Interim relief is desirable in cases of serious nuisance, dangerous situations or drug dealing from the home. The court must be convinced that the case is urgent. After interim relief, proceedings on the merits may still follow for final termination.
For landlords, the following applies: only opt for summary proceedings in the event of clear, serious and documented shortcomings. When in doubt, regular proceedings offer more certainty.
Common challenges and solutions
In practice, landlords regularly encounter obstacles when terminating a tenancy agreement. Below are the most common problems with concrete solutions.
Tenant does not respond to notice of default
If the tenant does not respond to your registered letter, this does not mean that the procedure stops. You can simply proceed to the subdistrict court.
Solution: Keep all evidence of service, including the registered letter’s track-and-trace. A default judgment (where the tenant does not appear) often leads to an award, provided your evidence is in order. The judge does retain discretion to reject the claim if termination would be unreasonable.
Insufficient evidence for grounds for termination
The burden of proof lies with the landlord. Without sufficient evidence, the judge will dismiss the claim.
Solution: Gather documentation before starting the proceedings:
- In the case of rent arrears: bank statements, payment reminders, overview of months in arrears
- In the case of nuisance: police reports, complaints from neighbours, correspondence with the tenant
- In the case of illegal subletting: photographs, statements, advertisements from the subletter
Engage a solicitor specialising in tenancy law for legal support in complex cases.
Long procedure turnaround time
An eight-month procedure is problematic when the situation is urgent or the rent arrears are mounting.
Solution: First, consider an amicable settlement. Negotiating voluntary departure – possibly with financial compensation – saves time and money. Statistics show that mediation reduces the likelihood of legal proceedings by 30%.
When settlement is not an option and there is urgency, summary proceedings for eviction offer a faster alternative. Please note: this requires convincing evidence of urgency.
Conclusion and next steps
Termination of a residential tenancy agreement is only possible through the subdistrict court and only on valid legal grounds. Out-of-court termination is virtually impossible in the case of residential tenancies. Tenants enjoy strong rent protection, and the court always weighs up the interests of both parties.
Immediate action steps for landlords:
- Document the shortcoming carefully with evidence
- Send a formal notice of default by registered letter with a reasonable deadline
- Consult a tenancy law specialist for advice on your specific situation
- Consider amicable solutions before going to court
- Start legal proceedings if the tenant does not respond or remedy the shortcoming
Related topics you may wish to explore include rent collection in the event of late payments, termination of the tenancy agreement when there is no breach of contract, and the rights of the new owner when selling rented residential property.
Additional resources
Relevant legislation:
- Section 6:265 of the Civil Code – General rules on termination
- Article 7:231 of the Dutch Civil Code – Termination of residential tenancy agreements
- Article 7:274 BW – Grounds for termination of residential tenancy
Case law:
- Supreme Court 28 September 2018 (ECLI:NL:HR:2018:1810) – Standard judgment on termination of social housing
