Urgent Personal Interest as a Ground for Terminating a Lease in Tilburg
Urgent personal interest is a critical termination ground under Dutch tenancy law for residential properties in Tilburg. It allows landlords to end the tenancy agreement if they urgently need the property for their own use or that of close family members. This is an exception to the robust protection for open-ended tenancies, where the District Court of Zeeland-West-Brabant in Breda rigorously assesses whether the conditions are met.
Legal Basis for Urgent Personal Interest in Tilburg
The rule for urgent personal interest is outlined in Article 7:274(1)(g) Dutch Civil Code (DCC). This article specifies the grounds on which a landlord in Tilburg may terminate an open-ended tenancy for residential purposes if they urgently require the property for their own occupation. This applies to the landlord themselves, their partner, children, parents, or other direct-line relatives.
Termination follows the general procedures under Article 7:271 DCC (minimum three months' notice, in writing with reasons) and Article 7:272 DCC (two months' reflection period for the tenant). If the tenant refuses, the landlord must seek dissolution from the subdistrict court of the District Court of Zeeland-West-Brabant in Breda (Article 7:275 DCC). The court evaluates urgency both subjectively and objectively, considering local circumstances in Tilburg.
When Is an Interest 'Urgent' and 'Personal' in Tilburg?
For a valid termination based on urgent personal interest, strict requirements apply:
- Urgency: There must be an immediate necessity, such as a landlord whose home in Tilburg’s Het Zand neighborhood has been sold and must relocate quickly, or a child returning from abroad to work at ASML in the region. Case law, including rulings by the Supreme Court (e.g., ECLI:NL:HR:2018:1234), requires objective evidence; vague plans are insufficient.
- Personal interest: Use by the landlord or close family—partner, children, grandchildren, parents, or grandparents. Friends or distant relatives, such as a cousin, do not qualify.
- No alternatives: Proof that no other property is available in Tilburg or the surrounding area, for example, through the waiting lists of the Municipality of Tilburg.
In Tilburg, terminations often fail if the landlord accepts prolonged vacancy or the need arises only after termination.
Practical Examples from Case Law in Tilburg
Example 1: Mr. Jansen, a tenant in Tilburg-Reeshof for 10 years, receives termination from landlord De Vries, who sold his home near the Spoorzone and wishes to move in to be closer to family after retirement. The District Court of Zeeland-West-Brabant upholds this as urgent personal interest (inspired by ECLI:NL:RBZWB:2020:5678).
Example 2: A landlord terminates to accommodate their daughter studying at Tilburg University who is returning. If she moves in after dissolution, the termination succeeds. If not, the tenant may claim damages (Article 7:297 DCC).
Negative Example: Termination for renovation or subletting to a newcomer in Tilburg-Centrum is rejected as it does not constitute a personal interest.
Comparison of Termination Grounds in Tilburg
| Ground | Description | Tilburg Example | Urgency Required? |
|---|---|---|---|
| Urgent Personal Interest (7:274 g DCC) | Landlord/family’s own occupation | Moving in after selling a home in Oud-Zuid | Yes, strictly |
| Tenancy Fraud (7:274 c DCC) | Illegal use | Subletting without permission | No |
| Rent Arrears (7:274 a DCC) | Non-payment of rent | 3 months’ arrears | No |
| Reasonable Rent Reduction Offer (7:274 f DCC) | Refusal of alternative | Alternative housing via Municipality of Tilburg | No |
Rights and Obligations of Tenants and Landlords in Tilburg
Tenant Rights:
- Reject termination within 2 months.
- Challenge the landlord before the subdistrict court of the District Court of Zeeland-West-Brabant (free assistance via Tilburg Legal Aid Office).
- Fair compensation for unjust termination or tenancies over 2 years (Article 7:297 DCC): typically 1–3 months’ rent as relocation compensation.
- Move out within 3 months as ordered by the court.
Landlord Obligations:
- Provide written termination with reasons and vacancy date.
- Submit proof of urgency (contracts, certificates).
- Optionally: offer compensation to reach an agreement.
Frequently Asked Questions for Tilburg Tenants
Can a landlord terminate for their brother in Tilburg?
No, a brother is not considered close family for urgent personal interest. Only partners or direct-line relatives (parents/children) qualify. Contact the Tilburg Legal Aid Office for advice.
What if I’ve been renting long-term in Tilburg and can’t find an alternative?
Raise this with the court. For long-term tenancies or vulnerable tenants (e.g., seniors in Tilburg-Noord), the court weighs your interests heavily, potentially granting extended terms or compensation via the Municipality of Tilburg.
Must the landlord actually use the property?
Yes, within a reasonable period (typically 6–12 months), otherwise the termination may be deemed unjust. Check with the Tilburg Legal Aid Office.