Error and Fraud in Concluding a Rental Agreement in Amsterdam

Error (art. 6:228 DCC) and fraud (art. 6:229 DCC) render a rental agreement in Amsterdam voidable, as opposed to absolute nullity. Error arises when a tenant receives a false impression of the property due to misleading information from the landlord, such as hidden defects in a typical Amsterdam canal house or apartment in De Pijp. Fraud involves intentional deception, for example, regarding leaks in old upper-floor apartments or the condition of the central heating boiler in a monumental building in the Jordaan. The aggrieved tenant may annul the agreement via the district court in Amsterdam, with retroactive effect. Proof is crucial: retain photos from viewings, emails with promises, or witness statements from real estate agents. Example: a landlord in De Baarsjes conceals mould due to canal dampness; the tenant proves they would not have signed otherwise. Annulment period: three years from discovery. Upon annulment, the property must be vacated and rent refunded. Landlords in Amsterdam must provide accurate descriptions in accordance with NVM standards, taking into account the municipality's strict requirements for housing quality. Tenants: always document viewings and oral assurances in writing, especially in the tight market. For social housing via Ymere or Rochdale, the Housing Act provides additional protection against usury. Prevent court proceedings by first negotiating repairs via the Rent Tribunal. The district court Amsterdam-Noord or Centrum handles rental disputes efficiently and cost-effectively. This restores the balance in Amsterdam rental law and prevents prolonged neighbour disputes in the city. (248 words)