The landlord has given their notice

Has the landlord given their notice to terminate the tenancy? Here you can find information about your rights and obligations.

What right the landlord has to terminate the tenancy agreement is often written in the contract. The landlord can give notice to terminate a time specified tenancy agreement if this is agreed upon. If nothing else is agreed upon, the landlord can give notice to terminate an unspecified tenancy agreement.

The main rule is that you as tenant has a protection against termination by the landlord. This entails that the landlord must have just cause for termination, and you have a right to object to the termination. If you object to the termination within the deadline, the landlord can submit a complaint to the Rent Disputes Tribunal to have it decided whether or not the termination is valid.

The main rule is that the landlord's notice to terminate must be given in writing and include specific information.

The notice must:

• be in writing
• have a reason
• inform the tenant that they can object in writing within one month after having received the notice
• inform that if the tenant does not object within the deadline, the tenant loses their right to hold that the notice is in violation of the Tenancy Act

If the notice from the landlord does not uphold these requirements, the notice to terminate is void. In this case you do not need to object, and you can ignore the notice. If you still move out, you are considered to have accepted the notice of termination.

The landlord must have just cause for termination. He can give notice to terminate the tenancy agreement if:

• the property is going to be used by the landlord himself, or someone who belongs to his household
• the residence is being torn down or remodelled in such a way that it is necessary for the tenant to move out
• the tenant has violated the contract, or
• the landlord has another just cause to end the tenancy agreement.

Another just cause may for example be that the landlord has sold the property. If the termination is reasoned with the tenant's religion or ethnicity, the termination will be unjust.

You have a right to object in writing to the termination within one month from you have received the notice. If you object within the deadline, the landlord has a deadline of three months to take action (submit a complaint to the Rent Disputes Tribunal). The landlord's deadline of three months runs from when your deadline to object expired.

If the landlord does not submit a complaint within the deadline of three months, the termination is void. You can then keep living there.

If you do not object to the termination within the deadline, the termination is considered accepted. If you still do not move out within the end of the notice period, the landlord can request eviction from the enforcement officer.

In a case about termination by the landlord, the Rent Disputes Tribunal can decide if the termination is valid in a written decision. The landlord and tenant will first be offered an opportunity to explain themselves verbally in a joint meeting at the Rent Disputes Tribunal. If the parties need a interpreter in the meeting, the Rent Disputes Tribunal will book and pay for the interpreter.

Even if the landlord has just cause for termination, the Rent Disputes Tribunal can set the termination aside if it will be considered to have unreasonable effects. The landlord's need to end the tenancy agreement must be weighed against the tenants need to stay on the property.

If the tenant has committed a serious breach of contract it will however not be made an assessment of if the termination will have unreasonable effects. In such cases The Rent Disputes Tribunal cannot set the landlord's termination aside.

If the tenancy agreement is regarding a single room where the tenant has access to the landlord's own housing, for example the landlord's bathroom or kitchen, the tenant is not protected against termination by the landlord. The only requirement is that the landlord's notice of termination is in writing.

The tenants protections against termination by the landlord also does not apply for tenancy agreements concerning tenancy of property the landlord himself has used as his own housing, and which is only being rented out for a temporary absence on up to five years. This does however only apply if the tenant has been informed in writing that the agreement is regarding such housing, and that this gives the tenant fewer rights than that of a different property.

There is also some other laws for terminating tenancy agreements where workers rent housing from their employer.