How do you object to substitution in Amsterdam? Learn about deadlines, Huurcommissie hearings at the IJdok and appeal at the Rechtbank Amsterdam to defend your tenancy position. (32 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, where the commercial space rental market is extremely tight, the tenant can object to the landlord's substitution proposal. According to Article 7:272 of the Dutch Civil Code (BW), this must be done within six weeks after receipt of the request, preferably substantiated with arguments such as the tenant's financial stability or disproportionate burden due to the high Amsterdam real estate prices. The Huurcommissie reviews the objection during a hearing, often at the district office on the IJdok in Amsterdam-Noord, and balances the interests of the parties. If the request is rejected, the landlord cannot proceed with substitution. If approved by the commission, you can lodge an appeal within four weeks with the district court judge of the Rechtbank Amsterdam, located at Piet Heinkade. The appeal focuses on procedural errors or incorrect application of criteria, taking into account local factors such as the pressure on the Amsterdam city centre and protected retail areas. Judges may annul the decision and order a new assessment. Practical examples from Amsterdam, such as cases around the Zuidas or the Negen Straatjes, show that successful objections often rely on evidence of a long-term tenancy relationship, investments in the space or impact on the vibrant local economy. Legal assistance from Amsterdam law firms is crucial to meet deadlines and tailor arguments to the urban context. This mechanism prevents abuse of power by landlords in a city with sky-high rents and promotes balance between parties, in line with Amsterdam's rental policy.