What are my rights if my landlord wants to terminate the lease?

What does the law say?

Your landlord cannot simply terminate your tenancy agreement. He needs a legal basis for doing so and must follow the correct procedure. If he fails to do so, the termination is not valid.

Section 7:271 of the Dutch Civil Code sets out the procedure for terminating a residential tenancy agreement (check this section on wetten.nl for the most up-to-date version). The notice must be in writing, state a valid reason and observe the correct notice period. This period is at least three months. One month is added for each year the tenancy agreement has already been in force – up to a maximum of six months.

Article 7:272 of the Dutch Civil Code stipulates that the tenancy agreement does not end upon notice of termination as long as you, as the tenant, have not consented and the court has not yet issued a ruling (check this article on wetten.nl for the most up-to-date version). Are you objecting? Then you may simply remain in the property until the court decides.

Section 7:274 of the Dutch Civil Code lists the grounds on which the court may grant a notice of termination (check this section on wetten.nl for the most up-to-date version). The court will always take your interests into account. A ground that appears valid on paper is no guarantee that the court will approve the notice of termination.

When does this apply to you?

Fixed-term tenancy agreement (for an indefinite period)

Do you have a fixed-term tenancy agreement? If so, you enjoy the strongest protection. Your landlord can only terminate the tenancy on one of the following legal grounds:

Poor tenancy. Examples include: serious and persistent nuisance, consistently late or non-payment of rent, or neglect of the property. A single incident is usually not sufficient.
Urgent personal use. The landlord urgently needs the property themselves – to live in it themselves, or for a first-degree relative. The court assesses this strictly: the need must be genuine and urgent.
Refusal of a reasonable offer of a new contract. The landlord offers a new tenancy agreement with amended terms. You refuse this even though the offer is reasonable.
Implementation of the zoning plan. The local authority has rezoned the plot and the landlord must demolish or renovate the property.

Temporary tenancy agreement

Under the Fixed-Term Tenancy Act (which came into force on 1 July 2024), temporary tenancy agreements are no longer permitted for new contracts in most cases. Did you already have a temporary contract before that date? In that case, transitional arrangements apply. Check rijksoverheid.nl to see what this means for your situation.

When is the notice of termination invalid in any case?

There is no reason stated in the notice letter
The notice period is too short
The notice of termination was not given in writing
The landlord has no valid legal grounds

In all these cases, you do not have to accept the notice. Lodge an objection.

Step-by-step guide – what can you do now?

Read the notice letter carefully. Does it state a reason? Is the notice period correct? Is the letter in writing? Check every detail.
Lodge a written objection in good time. Send an email or letter stating that you do not accept the notice of termination. Do this before the date specified by the landlord. Without an objection, the landlord may claim that you have tacitly agreed.
Carry on paying and living there. As long as you have lodged an objection and the court has not issued a ruling, the tenancy agreement remains in force. You do not have to leave.
Gather evidence. Keep all letters and emails. Is the landlord claiming urgent personal use? If so, keep track of whether they actually move in themselves after you leave. If they re-let the property immediately, you can claim compensation.
Consult a solicitor. A solicitor will assess the strength of the landlord’s case and advise you on the best way to defend yourself in court.
Wait for the court’s decision. Is the landlord taking the matter to court? The magistrate’s court will then assess whether the grounds are valid. The court will always take your personal circumstances into account – for example: how long have you lived there, do you have children, do you have any health issues?
Ask for a relocation allowance. In cases of urgent personal use, the tenant may in certain circumstances be entitled to a contribution towards moving and redecoration costs. Ask a lawyer whether this applies to you.

Common mistakes

Mistake 1: Not responding to the notice of termination. Many tenants read the notice of termination, panic and then do nothing. But doing nothing works to the tenant’s disadvantage. Always lodge a written objection – even if you are not yet sure what you are going to do.

Mistake 2: Leaving voluntarily without knowing if you had to. Some landlords send a notice of termination and hope the tenant will leave of their own accord. You are not obliged to leave simply because you have received a letter. Only once the court has issued an eviction order do you actually have to leave.

Mistake 3: Assuming that ‘urgent personal use’ is always valid. The court applies this criterion strictly. The landlord must demonstrate that the need is genuine, urgent and long-term. He cannot simply state that he wishes to use the property himself.

Mistake 4: Not keeping evidence of what happens to the property after you leave. Are you leaving the property following a notice of termination on the grounds of urgent personal use? Then keep an eye on whether the landlord actually moves in. Does he re-let the property soon afterwards? If so, you may be entitled to compensation.

Mistake 5: Seeking legal help too late. Legal proceedings have time limits. Do not wait too long to consult a lawyer. The sooner you seek advice, the stronger your defence will be.

Frequently asked questions

Can the landlord terminate my tenancy agreement if I always pay on time?

Not without good reason. Only if they have a legal basis – such as urgent personal use or the implementation of a zoning plan. Poor payment history is just one of the possible grounds. Paying on time therefore protects you, but is no absolute guarantee.

What exactly is ‘urgent personal use’?

The landlord urgently needs the property themselves – to live in it themselves or for a first-degree relative. The need must be genuine and demonstrable. The court assesses this critically: a vague intention is not enough.

What happens if I object and the landlord takes the matter to court?

The magistrate will assess whether the grounds for termination are valid. They will take your interests into account: how long you have lived there, whether you have children, and whether there are any medical circumstances. Only if the court upholds the termination and issues an eviction order are you obliged to leave.

Am I entitled to compensation if I have to leave due to urgent personal use?

In certain cases, yes. In the event of urgent personal use, the court may award a contribution towards moving and redecoration costs. The amount depends on the circumstances. Ask a solicitor whether this applies to your situation.

Can the landlord simply have me evicted if I do not leave voluntarily?

No. Without a court order, a landlord may never have you forcibly evicted. A bailiff can only act if there is an enforceable title – that is, a court ruling. Simply do not open your door to people who claim they can evict you without such a ruling.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Article 7:271 of the Dutch Civil Code – procedure and time limits for terminating a residential tenancy agreement
Article 7:272 of the Dutch Civil Code – consequences of an objection by the tenant
Article 7:274 of the Dutch Civil Code – grounds on which the court may grant termination
Fixed-Term Tenancy Agreements Act (2024) – abolition of temporary tenancy agreements for new lettings
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for other provisions regarding termination and rent protection