The first option to terminate the lease is if the landlord gives the tenant notice of termination but the tenant does not agree. The law stipulates that a landlord can terminate a lease on six grounds. One of such termination grounds, he said, is if a tenant fails to prove that he or she is a good tenant, such as by illegally subletting the property. The other is when the landlord himself/herself needs the property urgently and cannot request the continuation of the lease.
The landlord must send the contract cancellation notice to the tenant by registered mail. This letter must state the reason and date for terminating the rental agreement. The landlord must give at least 3-6 months’ notice of termination to him, depending on the length of the rental agreement. He is then given six weeks until the tenant agrees to terminate. If the tenant does not comply, the landlord must apply to the court to terminate the rental agreement. The court will assess whether the landlord terminated the lease properly and whether it was terminated for good cause. In that case, the court will determine when the lease ends and the tenant must vacate the property.
Termination of contract due to breach of contract
Another option for terminating the Rental Agreement is termination for breach of contract. If the tenant fails to comply with the tenancy agreement or its legal obligations, the landlord can claim the termination of the tenancy agreement as a breach of contract. For example, if a tenant has not paid rent for at least three months, the landlord can claim termination for breach of contract.
As a general rule, the landlord must apply to the court to cancel the rental contract on the grounds of breach of contract. He cannot do this alone. Courts will only grant termination for breach of contract if the tenant has failed seriously enough to justify this. The decision to terminate a rental agreement for breach of contract is not taken lightly. In doing so, the court also has the power to present the tenant with terms that: “Terme de Grace”‘. This is your last chance to fulfill your obligations within a certain period of time. If the tenant fulfills its obligations within that period, termination for breach of contract is avoided and the lease continues. If the tenant fails to do so, the contract will be terminated and the tenant will have to vacate the property.
Preliminary relief procedure
The aforementioned procedures for terminating the rental agreement may be lengthy. Landlords may not want to wait for the outcome of litigation on such merits. For example, if a resident commits serious and persistent nuisance.
In this case, the landlord can initiate preliminary relief proceedings. This lawsuit seeks to evict the property in advance in anticipation of litigation on the merits of the lease termination. However, a request for eviction in preliminary relief proceedings will only be upheld by the court if the court determines that subsequent proceedings on the merits are likely to grant a request for termination of the lease. Furthermore, a prerequisite is that the landlord has an urgent interest in eviction. This will prevent us from waiting for the verdict of the lawsuit on the merits. It’s up to the landlord to make this plausible. If the landlord succeeds in doing this, they can vacate the property even before the lease ends.
An eviction order is a judgment in which a court determines that a tenant must vacate property. This eviction order allows the landlord to have the property vacated by the bailiff. At their request, the bailiff will have the eviction order served on the tenant. This involves the bailiff handing orders to the tenant, giving them a last chance to voluntarily surrender the property. The bailiff will give notice of the eviction. If the tenant does not voluntarily vacate the property within the prescribed period, the bailiff can proceed with the eviction. Eviction costs will be collected from the tenant.
Need more information?
Want to learn more about property evictions and lease terminations? Please feel free to contact us Advocated by Zoë Ris or other experts at GMW.
https://www.thehagueonline.com/housing/2023/06/28/the-clearance-of-a-property real estate clearance