Grounds for Termination by Landlords in Utrecht: When is it Allowed?
What grounds does a landlord in Utrecht have for termination? From own use to non-payment: discover the legal requirements, procedures, and local rental market rules.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Utrecht, landlords cannot terminate a tenancy agreement arbitrarily; there must be valid grounds for termination, as laid down in Article 7:271 of the Dutch Civil Code (BW). Three main categories apply: urgent own use (e.g., for family), non-payment of rent (after summons), and disorderly conduct. For residential tenancies in the city, the landlord must prove that no reasonable alternative exists, taking into account the tight Utrecht rental market where waiting times for social housing often amount to 10 years. In cases of own use, the tenant receives priority for an alternative dwelling through Utrecht housing associations such as Portaal or Bo-Ex. The court examines strictly: only about 20% of termination attempts succeed, partly due to local tenant protection via the municipality. Procedure: written notice of termination stating the reason, followed by possible tenant consent or court proceedings before the sub-district court (kantonrechter) in Utrecht. Tenants with urgency status, such as under the Utrecht urgent housing policy, have additional protection. Example: a landlord in the Lombok neighbourhood wants to move in themselves after retirement – this qualifies as urgent own use provided it is proven with supporting documents. In cases of renovation, often required by the Utrecht Monuments Ordinance, temporary termination applies. Landlords risk damage claims for unjustified termination, plus possible fines from the municipality. Tenants can demand a penalty payment for non-compliance. These grounds balance interests in the bustling student city of Utrecht and prevent arbitrariness on the overheated market. (248 words)