Termination ground under tenancy law: your rights and obligations
A **termination ground** under tenancy law is a statutory reason why a landlord or tenant can terminate a tenancy agreement. Without a valid ground, a termination is null and void. Tenancy law provides clarity on which grounds are valid and how they must be applied. Whether you are a landlord or tenant, it is important to know the rules to prevent conflicts.
What is a termination ground?
A **termination ground** is a statutory condition that must be met to terminate a tenancy agreement. These grounds are laid down in the Tenancy Act 2024 (formerly the Tenancy Act 1971), in particular in Book 7 of the Dutch Civil Code (DCC). This law protects both tenants and landlords, but imposes requirements on the reasons for termination.
There are different types of termination grounds, which vary depending on who issues the termination: the landlord or the tenant. It also makes a difference whether it concerns a **residential tenancy agreement** (housing) or a **commercial tenancy agreement** (business).
Types of termination grounds
| Type of termination | Valid grounds | Statutory basis |
|---|---|---|
| Landlord |
|
Book 7 DCC |
| Tenant |
|
Book 7 DCC |
Important: Not every reason is automatically a valid termination ground. For example, a landlord cannot terminate just because they are looking for a better tenant. The law sets specific requirements.
Termination grounds for the landlord
A landlord can terminate a tenancy agreement on various grounds, but these must always be laid down in the law. Below are the most important grounds:
1. Own use (art. 7:290 DCC)
A landlord may terminate if they or a close family member (such as a child, parent or partner) wishes to use the property themselves. This is one of the most common grounds. The landlord must demonstrate that the own use is genuine and not merely a pretext.
Example: You are a landlord and your daughter wants to live with you after her studies. You may terminate the tenancy agreement referring to own use, provided you can prove this (for example with a statement from your daughter).
2. Non-payment (art. 7:291 DCC)
If the tenant is in arrears with payment, the landlord can terminate the tenancy agreement. However, this only applies after a notice of default procedure and a payment period of at least 3 months. The landlord must first issue a notice of default and give the tenant the opportunity to pay the debt.
Example: The tenant does not pay for three months. You issue a notice of default and grant a period of 3 months. If the tenant does not pay, you can terminate.
3. Breach of the tenancy agreement (art. 7:292 DCC)
If the tenant repeatedly or seriously breaches the tenancy agreement (for example by housing unauthorised persons, causing damage or nuisance), the landlord can terminate. However, this must always be proportionate and the landlord must first have issued a warning.
Example: The tenant repeatedly holds parties causing neighbours to report nuisance. After a warning, you can terminate the agreement on the ground of breach of the agreement.
4. Works or renovations (art. 7:293 DCC)
If the landlord wishes to carry out major works or renovations to the property, " } ```