Termination of Joint Tenancy in Amsterdam: Rules and Procedures
Discover how to correctly terminate joint tenancy in Amsterdam: termination procedures with housing associations such as Ymere or Rochdale, the role of the district court, and tips for disputes in the city. Learn your rights regarding termination in the capital.
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Arslan AdvocatenLegal Editorial
2 min leestijd
Terminating joint tenancy in Amsterdam is a complex process that is strictly regulated by Dutch tenancy law, with additional attention to the tight housing market in the city. Unlike with a single tenant, none of the joint tenants can unilaterally terminate the agreement. All parties must agree to the termination, unless there are special circumstances such as death, divorce, or domestic violence – common in Amsterdam canal houses or apartments in neighborhoods like the Jordaan or Bijlmer. The landlord, often a large housing association such as Ymere, Woonstichting De Key, or Rochdale, must be informed in writing via a registered letter or recorded mail, with a notice period of usually one month as stipulated in Article 7:271 of the Dutch Civil Code (BW). In case of disagreement, you can involve the district court in Amsterdam, for example at the Rechtbank Amsterdam at Prins Bernhardplein, for a judicial decision. Important points of attention in the city include the division of the deposit via the WEW fund, compliance with payment obligations until the end date, and notifying the municipality for possible priority declarations. In cases of divorce or relationship breakdown, additional rules from the Dutch Civil Code apply, whereby the court may decide on continuation by one party, taking into account Amsterdam's policy for social housing. It is advisable to engage specialized tenancy law counsel in Amsterdam, such as the Juridisch Loket at Nieuwezijds Voorburgwal or an office in the Centrum, to prevent disputes. Do not forget that outstanding rent or damage claims trigger joint and several liability, which can lead to collection procedures via the bailiff or the GAK. By following these steps, you avoid legal pitfalls in the competitive Amsterdam rental market and ensure a smooth transition to a new home.