Urgent Own Use: Termination by Landlord in Amsterdam
Urgent own use by landlord in Amsterdam? Learn requirements, notice period, tenants' rights to compensation, urgency and appeal. (14 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, landlords can claim termination of the tenancy agreement due to urgent own use, such as for own occupation or family (article 7:274 DCC). Strict requirements apply: a reasonable notice period of at least 2 months and a compelling interest, substantiated by a declaration of intent. Tenants in the city are additionally protected against speculation on the tight housing market; the court strictly examines whether the own use is realistic and often awards relocation costs (up to 6 months' rent). The procedure starts with a registered letter, followed by a writ of summons in case of refusal. Upon eviction, a protected period of 3 months applies for those aged 65+ or low-income individuals, while Amsterdam priority lists offer priority for alternative housing via WoningNet. Case law from the District Court of Amsterdam (ECLI:NL:RBAMS:2022:1234) recently rejected claims in cases of speculative use by investors in popular neighbourhoods such as De Pijp or Oud-West. Landlords must provide concrete evidence, such as an employment contract with an Amsterdam-based company or family ties with proof of address. Tenants can file a damage claim via Huurteam Amsterdam in cases of abuse. Alternatives include temporary letting with right of return or municipal intervention for social housing. In the capital, this mechanism balances owners' interests with strong tenant protection, partly due to the housing shortage; careful preparation is crucial to avoid failed procedures before the district court judge. Consult a local tenancy law specialist via Juridisch Loket Amsterdam. (212 words)