Relocation compensation claim from tenant to private landlord

Questioner

I am a homeowner and put my apartment up for rent a few years ago because I was moving abroad. My tenant has rented my house for a number of years and has always been told that this would never be for an indefinite period. Now I came back to the Netherlands a year and a half ago and lived with my parents. I wanted to get back into my own apartment and told my tenant that I wanted to move back into my house on January 1st. This announcement was made in April or May. About 7-8 months earlier. I thought I gave him enough time with this. The tenant never objected to this. It was no problem for him. Now today I get a summons from him for 7000 euros moving compensation because he heard from his legal expenses insurance that he is entitled to that. I find it very strange that I never heard from him that there was any problem and the contact has always been good. Do I have to pay this now or not? I always thought that I gave him plenty of time and that there was nothing wrong. Kind regards and thanks,

Lawyer

It sounds like a complicated situation. First of all, it is important to know that relocation compensation in principle applies to tenants of residential property who have to move due to renovation work. Such renovations must be of such a nature that occupancy becomes temporarily impossible, and as a result the tenant must leave the property. This is regulated in article 7:220 of the Civil Code. However, this is a case where the landlord, that is you, wants to occupy the property yourself again. That can be a different situation. Based on the law (article 7:274 paragraph 1 part c BW) you can terminate the lease as a landlord if you urgently need the property for your own use. In this case you are obliged to observe a notice period. What is agreed in the rental contract is also important. If it states that it concerns a temporary rental agreement, then termination is not necessary, because the rental ends by operation of law on the agreed end date. If nothing has been agreed about temporary rental, then you as the landlord can terminate but the tenant does not have to agree to this, and can go to court to have a ruling made. Whether you have to comply with this summons depends on the above circumstances and also on any agreements in the lease. In any case, it is important to seek legal advice to know what your position is. This is only an orientation advice and it is advisable to involve a lawyer or attorney. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.