Can a tenancy agreement be terminated without going to court? Supreme Court gives landlords more leeway in cases involving properties used for drug-related activities

Can a landlord terminate a tenancy without going to court? In most cases, the answer is no. If a tenant fails to fulfil their obligations, for example by causing serious noise nuisance, the landlord must go to court. The court will assess whether the breach is serious enough to terminate the tenancy. There is an exception only in special circumstances: extrajudicial termination.

What is extrajudicial termination?

Termination means that a contract is ended because one of the parties has failed to fulfil their obligations. In the case of residential accommodation, this has significant consequences. That is why a landlord must normally apply to the court to terminate the tenancy agreement. This protects tenants by providing an additional safeguard. Section 7:231 of the Dutch Civil Code provides an important exception to this: where conduct within the rented property has disrupted public order and the mayor has closed the property, the landlord may terminate the tenancy agreement. For example, the mayor may close a property in the event of serious drug-related crime, a breach of public order, or where a property is so unsafe that closure is necessary. Where this condition is met, the landlord may terminate the agreement without judicial intervention. The landlord may then also seek to have the property vacated. If a tenant does not accept the termination, they may argue that the eviction is unacceptable according to standards of reasonableness and fairness (Section 6:248(2) of the Dutch Civil Code) and that the landlord has abused their power to terminate the agreement (Section 3:13 of the Dutch Civil Code). In addition, Article 8 of the ECHR, the right to respect for private and family life, may be invoked.

Supreme Court ruling

Facts

The extrajudicial termination of the tenancy agreement after the mayor had sealed off the property played a major role in the Supreme Court’s ruling of 10 April 2026. The police had launched an investigation into the property in question and found over 100 grams of cocaine, 1.5 kilograms of cannabis, a drug press and a knife, the possession of which is prohibited. The mayor then decided to close the property because its continued use could pose a serious threat to public order and safety. Furthermore, it was necessary to prevent the property from playing a role in the manufacture and trafficking of drugs in the future. Owing to the closure of the property and the disruption to public order, Article 7:231 of the Dutch Civil Code came into effect and the landlord terminated the tenancy agreement.

Tenant’s position

The tenant did not agree with this termination and argued that Article 7:231 of the Dutch Civil Code is intended solely to protect landlords against the loss of rental income during a closure ordered by the mayor. Invoking this provision to combat drug-related crime is therefore not the intention behind it.

The tenant argued that the interest in being able to continue living in the property with a minor child, protected by Article 8 of the ECHR, outweighed the landlord’s interest. Invoking this provision of the law for a purpose for which it was not intended would therefore constitute an abuse of power (Article 3:13 of the Dutch Civil Code).

Supreme Court ruling

The Supreme Court does not share this view. The landlord’s statutory duty is to ensure the quality of life in the neighbourhoods where it lets properties. This includes combating drug-related activities and drug trafficking. Although this duty is not explicitly mentioned in the relevant section of the Act, other interests may well play a role in the balancing of interests regarding abuse of rights. Furthermore, interests such as the prevention of criminal offences, the protection of health and the protection of the rights and freedoms of others may indeed constitute grounds for restricting the right to respect for private and family life.

Conclusion

It is rare for a landlord to be permitted to terminate a tenancy agreement without court intervention. The possibility discussed for terminating a tenancy without court intervention arises where public order has been disrupted and the mayor has ordered the property to be closed. The original rationale behind this was to protect landlords against lost rental income during a closure.

The Supreme Court has now ruled that this is not the only consideration. When weighing up whether extrajudicial termination is justified, all the landlord’s interests may be taken into account, including the protection of the local environment. Landlords can now use this stringent measure more effectively to, for example, protect the quality of life and safety in a neighbourhood.

That does not, however, mean that every extrajudicial termination is automatically legally valid. The court may still review retrospectively whether the landlord has abused their authority or whether the tenant’s interests carry greater weight.

Practical tips for landlords:

– Take immediate action upon closure. If the mayor closes the property, you must act swiftly to assess whether an out-of-court termination is feasible.

– Building a case file is important. Ensure you thoroughly document the importance of the local community and any previous reports of nuisance. This will enable you to demonstrate that you are pursuing a specific objective.

– Seek advice in advance. Prevent the court from overturning the termination retrospectively. Contact our tenancy law solicitors straight away to arrange a consultation.

Practical tips for tenants:

– Be aware of the consequences of closure. A mayor may close a property if, for example, drugs have been found there. Once the mayor has closed the property, the landlord can often terminate the tenancy agreement.

– Tenants still have rights in the event of out-of-court terminations. Tenants can argue in court that the eviction is unreasonable and unfair, and that the landlord is abusing their power to terminate the tenancy.

– All the circumstances of the case are relevant, including personal circumstances. Tenants have the right to respect for their private and family life, which cannot be infringed upon without good cause.

– Faced with an out-of-court termination? Contact our tenancy law solicitors straight away to arrange a consultation.

Questions

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