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Rental Contracts

These are the rules for the termination of a lease

A lease can be terminated by two parties: the tenant and the landlord. They are not allowed to terminate a lease just like that, because certain rules apply. In this way, both tenants and landlords are protected. Do you want to terminate a lease? Then you may be curious what rules you will have to deal with. In that respect, you have come to the right place. On this page we will tell you everything you need to know about the rules for terminating a lease. We will first go over the rules for landlords and then discuss the rules for tenants.

On this page

Notice period for the landlord

As a landlord, do you want to terminate the lease? Then you have to deal with a notice period. The longer the tenant lives in the property, the longer notice you have to give to terminate a lease, and in some situations there are exceptions. The table below clarifies this.

Rental period Notice period
- Shorter than 1 year - 3 months
- Longer than 1 year - 4 months
- Longer than 2 years - 5 months
- Longer than 3 years - 6 months

Termination by the tenant

In addition to the landlord, a tenant can also terminate a lease. However, the rules for terminating a lease are a lot more flexible for a tenant than for a landlord. Whereas a landlord must have a legal reason for terminating a lease, this does not apply to a tenant. As a tenant, you do not even have to give a reason for terminating a lease. However, you must comply with the notice period stated in the lease.

Sample letter for terminating a lease

Terminating a lease is done by sending a registered letter. If you haven't sent such a letter before, you may not know how to proceed. In that case, use the notice letter from Opzeggen.nl. On our website, simply fill in the information we ask you for and a cancellation letter will be ready for you immediately. After downloading it for free, send it by registered mail to the landlord. This way you can be sure that you have met all the requirements for a lease termination.

Disagree with lease termination?

Has a landlord sent you a registered letter to terminate the lease, but you disagree? Then you can object. A landlord is not allowed to terminate a rental agreement just like that. If it is an open-ended contract, he may only do so if he has a legal reason to do so. Anyone wishing to object to the termination of a rental agreement should send the landlord a registered letter. In it, make it clear that you are protesting the termination. In many cases, the landlord may not terminate the lease if you object to the termination. In that case, he needs court permission to terminate the lease.

Termination by the landlord

When you as a landlord want to terminate the rental, you must always do so by registered letter. Do you rent your property to multiple tenants? Then you must send each tenant a letter. It is important that this letter contains a legal reason why you want to terminate the rent. Furthermore, ask the tenant to let you know in writing within 6 weeks whether he agrees with the termination of the rent.

Reasons to cancel for a landlord

As a landlord, you may only terminate the rent if there is a legal reason for doing so. You must state this reason in the registered letter. Are you curious which legal reasons there are for landlords to terminate a rental agreement? We list them here for you.

Payment arrears

If the tenant fails to pay their rent or remits the amount several times late, you as a landlord may unilaterally terminate the lease.

Nuisance

Does the tenant cause nuisance and do you receive regular complaints about this? Then you may also decide to terminate the lease as landlord.

Urgent own use

If you rent out a property, but due to unforeseen circumstances you suddenly need it urgently yourself, the law also allows you to terminate a rental agreement as a landlord.

Change of zoning plan

As a landlord, do you want to realize a valid municipal zoning plan on the site of the rental property? Then according to the law this is a valid reason to terminate the lease.

Conflict rental contract after modification

As a landlord, you may make a change in the lease. Does the tenant not agree with this change? Then a conflict may arise. A conflict between landlord and tenant is a legal reason for terminating a lease.

Temporary rental

Is there a temporary lease? Then as a landlord you are not allowed to terminate it prematurely. If you do this anyway, the tenant may refuse the interim termination. A tenant may, however, terminate a temporary lease.

These are the rules for a tenant

Do you live in a rental property but want to get out of it in the foreseeable future? Then you must terminate your lease. Before you do this, it is useful to know what rules apply to a tenant. We have listed the most important rules for you below, so you know what to take into account when terminating a rental agreement.

Cancellation period rent contract
As with terminating almost any other contract, when you terminate a lease, you also have to deal with a notice period. The notice period for tenants is always the same as the payment period. Does a payment term of 1 month apply? Then the notice period is also 1 month. By the way, the maximum payment and notice period may be 3 months. If there is a longer notice period in your lease, a tenant does not have to comply with it.

Notice by registered letter
If you want to terminate the rent, you must let the landlord know in writing. Therefore, always terminate a rental agreement by registered letter. Clearly state the date from which you wish to terminate the rent and ask the landlord for written confirmation of the termination.

Fixed period
Do you rent an independent residence for a fixed period of more than 2 years? Then terminating a rental contract is only possible when this period has expired. If you are renting a non-self-contained dwelling - such as a room - for a fixed period longer than 5 years, you can only terminate the rental contract after this period. If you want to leave the rental property earlier, you can consult with the landlord.

In case of temporary rental
If you have entered into a temporary rental contract, this does not mean that you have to stay here for the entire period. As a tenant you are allowed to terminate a temporary contract. Landlords are not allowed to do this. Does the landlord still send you a registered letter to terminate the lease? Then you may refuse this termination, provided there is a legal reason to terminate the lease.

Frequently asked questions about terminating a lease

**In what cases may a landlord terminate the lease?

A landlord may terminate a lease only if he has a legal reason to do so. Payment arrears or nuisance are examples of this. Also if he urgently needs the property for his own use, a valid municipal zoning plan or there is a conflict with the tenant the landlord may terminate a lease.

**What should I consider when terminating my lease?

As a tenant, you must at least take into account the notice period included in the lease. This is at least 1 month and a maximum of 3 months. Furthermore, you must always terminate a rental contract by registered letter.

Can I terminate a lease in the interim?

Tenants are often allowed to terminate a rental agreement prematurely. If you are renting an independent dwelling for a fixed period of more than 2 years or renting a non-independent dwelling (room) for a fixed period of more than 5 years, you can only terminate the contract if the landlord agrees.

**Is there a legal cooling-off period for rental contracts?

There is no legal cooling-off period for a rental contract. This means that you cannot simply abandon a rental agreement once you have signed it. When there is a case of mistake or deceit, however, this is possible.

**May I terminate a temporary lease?

A landlord may not terminate a temporary lease, but a tenant may. The notice period depends on when you pay. Most tenants pay every month, so there is also a 1-month notice period.

**What is the notice period in the case of a lease?

The notice period of a lease depends on when you pay. For tenants who pay monthly, the notice period is 1 month. If you pay rent per 3 months or more, there is a maximum notice period of 3 months.

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