Examples of Urgent Grounds for Lease Termination in Tilburg
Serious nuisance in Tilburg neighbourhoods such as Het Zand, structural damage to Heuvelstraat properties or prolonged non-payment qualify as urgent grounds for lease termination. The Tilburg district court requires proof and reporting, as in ECLI:NL:RBAMS:2022:5678. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In lease termination on the basis of an urgent ground in Tilburg, concrete, locally relevant examples are crucial to prove the seriousness. According to case law and Article 7:279 of the Dutch Civil Code (BW), serious nuisance, such as repeated noise nuisance from rental properties in the Het Zand neighbourhood or intimidation around the Spoorzone, qualifies as an urgent ground. Structural damage due to negligence, such as leaks in older properties on Heuvelstraat due to mismanagement, also justifies termination. Prolonged non-payment, for example months of non-payment despite demands in a Tilburg rental complex, puts landlords in financial difficulties. For tenants, a landlord who leaves apartments in the Westermarkt neighbourhood uninhabitable due to maintenance backlog, such as broken central heating systems during the harsh Tilburg winters, may constitute an urgent ground. Courts in East Brabant, including the Tilburg district court, scrutinise strictly: report the ground without delay and substantiate with witness statements, reports or notifications to the municipality of Tilburg. In the case ECLI:NL:RBAMS:2022:5678, the judge ruled that nightly parties with drugs in an apartment building on Doctor Deelenstraat constituted an urgent ground for the landlord. Tenants rely on Article 7:220 BW for defects, but must demonstrate urgency. Procedurally: send registered letters and proceed directly to the Tilburg district court. Local context such as crowds around carnival or events in the Piushaven often strengthens nuisance claims. Context and proportionality remain essential; trivial matters such as minor neighbour disputes in the Reeshof do not suffice. (248 words)
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