Termination of Lease for an Urgent Cause in Tilburg
Termination of lease on the grounds of an urgent cause is a legal option for tenants and landlords in Tilburg to dissolve the lease agreement in serious, intolerable situations. This differs from a standard notice and requires a formal approach with evidence. In this article, we explain what an urgent cause precisely means, the relevant legislation and how to handle this in the Tilburg region.
What qualifies as an urgent cause?
An urgent cause concerns such a compelling circumstance that continuation of the lease is impossible. Think of persistent nuisance, defects in the property or significant changes in personal circumstances. According to the law, this must be reported immediately, so that the other party can respond or remedy it.
The provision falls under Book 7 of the Dutch Civil Code (CC), specifically Article 7:279(1), which allows termination of the lease in case of an urgent cause. Evidence is essential and it is not a substitute for regular termination procedures.
Legal basis: Article 7:279 CC
Central is Article 7:279 CC, which states:
The tenant or landlord may dissolve the agreement if an urgent cause is present.
Article 7:279(2) provides examples:
- Persistent nuisance such as noise nuisance, intimidation or damage.
- Breach of the purpose clause (see article on property purpose), e.g. use for prohibited purposes.
- Health hazards due to mould, asbestos or unhygienic conditions.
- Structural non-payment or bankruptcy of the tenant.
The sub-district court, in Tilburg at the District Court of Zeeland-West-Brabant, Wilhelminapark 100, decides whether the cause is urgent enough. Collect evidence such as reports, photos and witness statements.
Practical examples from the region
Below are concrete situations that occur in Tilburg and surroundings:
1. Neighbour nuisance
In case of continuous noise nuisance or aggression by fellow tenants, and the landlord does not intervene, the tenant can dissolve the agreement via the court.
2. Improper use of the property
Landlords in Tilburg can intervene if a rental property is converted into an office without a permit or used for illegal storage of chemicals.
3. Health risks
Mould spots, asbestos or lack of ventilation that affect health justify termination. Report this first to the landlord and the Municipal Public Health Service.
4. Payment problems
Chronic rent arrears or financial downfall of the tenant gives the landlord grounds for dissolution.
Rights and obligations
Both parties have specific rights:
Rights of the tenant
- Safe living environment: Dissolution in case of uninhabitable conditions such as asbestos or water damage.
- Protection against nuisance: Action against neighbour nuisance via landlord or court.
- Financial options: Termination in case of unaffordable rent without immediate eviction.
Rights of the landlord
- Dissolution in case of nuisance or non-payment.
- Protection of property against misuse.
Procedure in Tilburg
1. Send a registered letter with urgent cause.
2. If no response: summons via bailiff.
3. Case at District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
4. Free lawyer via Juridisch Loket Tilburg, Spoorlaan 364 for low income.
Note: always consult a professional for your situation.