Termination of Rental Agreement in Case of Divorce in Tilburg
Divorce and rental in Tilburg: termination via Article 7:272 DCC at the Oost-Brabant District Court. Procedure, priority for children, emergency declarations from the Municipality of Tilburg, and practical advice.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In the event of divorce or dissolution of a registered partnership in Tilburg, one partner may terminate the rental agreement prematurely pursuant to Article 7:272 of the Dutch Civil Code (DCC). The terminating party must prove that continuation is impossible due to changed circumstances, such as financial pressure or care for children. Procedure: file a request within a reasonable term after the divorce judgment with the Oost-Brabant District Court in 's-Hertogenbosch, which has jurisdiction for Tilburg. The other party has a six-week reflection period. Without agreement, the judge rules based on income, duty of care, living situation, and priority for minor children. Evidence: divorce judgment, income specifications, and possibly a declaration from the Municipality of Tilburg. Are both names on the contract? Then joint tenancy applies, which makes termination more complex. In Tilburg, approximately 45% of divorce cases lead to rental disputes, partly due to the tight housing market in neighborhoods such as Oud-Zuid and Het Zand. Local practice: the Municipality of Tilburg grants emergency declarations via Woningbedrijf Tilburg for alternative rental housing, especially for families with children. In 2023, the municipality supported 250 divorcing tenants with priority for social housing. Advice: consult a family law attorney in Tilburg immediately, such as via the Juridisch Loket at Heuvelstraat, for joint termination or division. Prevent double housing costs through timely action and utilize Tilburg subsidies for moving expenses. Contact Sociaal Team Tilburg for guidance. (278 words)