Termination of Rental Agreement in Tilburg: Step-by-Step Procedure
Termination of a rental agreement in Tilburg means that the rental agreement between landlord and tenant ends prematurely, before the end date has passed. This can be done via a termination declaration, mutual agreement or a court judgment. The rules are laid down in the **Rental Act 2015** and the **Dutch Civil Code (DCC)**. This article provides a complete guide for tenants and landlords in Tilburg, including local institutions such as the Zeeland-West-Brabant District Court (Wilhelminapark 100) and the Tilburg Legal Aid Office (Spoorlaan 364).
What does termination mean for rental in Tilburg?
Termination ends the rental agreement before the agreed term. Possible reasons are:
- Force majeure: Think of large-scale renovations in Tilburg neighbourhoods or financial problems of the tenant.
- Defaulting party: In case of non-payment by tenant or lack of maintenance by landlord.
- Mutual agreement: Parties jointly agree to termination.
- Via court: Upon request at the Zeeland-West-Brabant District Court.
In Tilburg, you often start with a written termination declaration, followed by a court procedure if necessary. See **Article 7:278 DCC** from the Rental Act 2015.
Legal basis in Tilburg
Key articles:
- DCC Book 7: Lease:
- Art. 7:278 DCC: Termination due to rent arrears by landlord.
- Art. 7:280 DCC: Tenant in case of defects (e.g. damp in Tilburg properties).
- Art. 7:281 DCC: Force majeure situations.
- Rental Act 2015:
- Art. 7:290 DCC: In case of breach of contract.
- Art. 7:291 DCC: Force majeure procedure.
When termination in Tilburg?
Overview of common cases:
| Situation | Legal basis | Who? |
|---|---|---|
| Rent arrears (2+ months) | Art. 7:278 DCC | Landlord |
| Defect in usability (poor maintenance) | Art. 7:280 DCC | Tenant |
| Force majeure (renovation) | Art. 7:281 DCC | Landlord |
| Breach of contract (nuisance) | Art. 7:290 DCC | Both |
| Agreement | Art. 7:270 DCC | Both |
Step-by-Step Plan for Termination of Rental Agreement Tilburg
General steps, specific to Tilburg:
1. Landlord in case of non-payment
Steps:
- Establish arrears: Collect proof of 2+ months rent arrears.
- Notice of default: Send registered letter with payment deadline (14 days).
- Termination declaration: Terminate in writing after failed payment.
- Summons: File at Zeeland-West-Brabant District Court, Wilhelminapark 100, Tilburg via bailiff.
- Hearing: Judge decides; if granted, eviction follows.
Tip: Consult Tilburg Legal Aid Office, Spoorlaan 364 for free advice.
2. Tenant in case of defects
- Report defect: In writing to landlord (with photos).
- Demand repair: Set reasonable deadline.
- Terminate: If no repair, termination letter.
- Court: Start procedure at Zeeland-West-Brabant District Court.
3. Mutual agreement
Enter into a settlement agreement with end date and security deposit. Notarial deed not always required, but recommended. Register with municipality of Tilburg.
Local assistance in Tilburg
- Zeeland-West-Brabant District Court: Wilhelminapark 100, 5041 EA Tilburg. Tel: 088-3621000.
- Tilburg Legal Aid Office: Spoorlaan 364, 5038 CC Tilburg. Free for low incomes.
- Tilburg Tenants' Team: Via Woonbond or local advice centre for tenants.
Costs and timelines
- Court fees: €85 (sub-district court).
- Bailiff: €100-€500.
- Timeline: 1-3 months to judgment.
Avoid common mistakes
- Not using registered letters.
- Evicting yourself (illegal).
- Not keeping proof.
For personal advice: call Tilburg Legal Aid Office.