Terminating a Tenancy for Defects - Netherlands
As a tenant in the Netherlands, you may encounter serious defects in a property that make living there impossible. This article explains in plain language when termination of the tenancy due to defects is possible, what rights tenants have and which practical steps you can take. We cover which pieces of evidence are important, how to log repair requests and formal notices correctly, and when legal action or the Rent Tribunal may be an option. The goal is to inform you clearly and step-by-step so you can make sensible decisions about rent suspension, rent adjustment or termination of the agreement while protecting your rights as a tenant in the Netherlands. Read on for practical examples.
What does termination for defects mean?
Termination for defects means a tenant ends the tenancy because the property has serious defects that affect enjoyment or health. The relevant rules are in Book 7 of the Civil Code.[1] Termination is usually not the first step: tenants generally must give the landlord the opportunity to repair and clearly show that repair does not (timely) occur.
In most cases, tenants are entitled to a habitable home.
When can a tenant request termination?
- Take photos and note dates as evidence (evidence).
- Report the defect in writing to the landlord and keep the correspondence (notice).
- Send a formal notice giving a reasonable deadline to repair (deadline).
- If the landlord does not respond, termination or legal action can be considered with advice or the district court (court).
Always keep a copy of every notification and pieces of evidence.
How do you prove defects?
Good evidence increases the chance of successful termination. Focus on clear documentation and a timeline.
- Photos and videos with date stamps of damage or mold (evidence).
- Written repair requests and acknowledgements of receipt (notice).
- Quotes or reports from professionals about severity and costs (document).
- Witness statements from neighbors or visitors where applicable (contact).
Respond within legal deadlines to preserve your rights.
Frequently Asked Questions
- Can I terminate the tenancy immediately without warning?
- Usually not; you must first give the landlord a written opportunity to repair by sending a formal notice.
- When is a defect serious enough?
- Serious defects include structural issues, health hazards, or long-term absence of essential services such as heating or water.
- Can I withhold rent during the dispute?
- Tenants should be cautious: withholding rent can carry risks. Discuss options with legal advice or the Rent Tribunal.[2]
- Where can I find the legal text about tenancy rights?
- The rules are in Book 7 of the Civil Code and on official government websites for guidance.[1]
How-To
- Document the defect immediately with photos, video and notes (evidence).
- Report the defect in writing to the landlord and request repair (notice).
- After a short period, send a formal notice with a reasonable deadline to repair (deadline).
- If no solution is reached, consider a procedure at the Rent Tribunal or district court (court).[2]
- Keep all correspondence, quotes and evidence for the procedure (evidence).
Help and Support / Resources
- Huurcommissie - information and forms
- Wetten.overheid.nl - Civil Code Book 7
- Government.nl - guidance for tenants
