Consequences of Termination of Rental Agreement in Amsterdam: Eviction and Damages

Following a successful termination claim ex article 7:231 BW at the Rechtbank Amsterdam, immediate consequences take effect. The tenancy agreement ends with retroactive effect, but the tenant remains liable for rent until actual vacation. Crucial is article 7:268 BW, which requires a separate eviction procedure, often handled by the kantonrechter in Amsterdam-Noord or Amsterdam-Centrum.

Eviction Procedure in Amsterdam

The landlord must order eviction via the bailiff, who operates actively in neighbourhoods such as the Jordaan or Oost. In case of opposition, the judge at the Rechtbank Amsterdam may intervene via summary proceedings. Urgent eviction is possible in cases of danger to the housing stock, such as illegal occupation in monumental buildings, but requires an expedited procedure. Tenants risk enforcement measures, fines and even police intervention in case of non-compliance, partly due to the high pressure on the Amsterdam rental market.

Financial Repercussions for Amsterdam Tenants and Landlords

The landlord can recover rent arrears, damage to the property and procedural costs, including bailiff's fees which are relatively high in Amsterdam due to urban rates. Tenants must pay outstanding amounts. In cases of gross fault, such as prolonged subletting in the Pijp, the judge may order mitigation. Landlords lose rent protection in case of repeated violations, and the municipality of Amsterdam may impose additional sanctions via the Housing Corporations or Huurteam.

Practical example: In case of three months' rent arrears in a canal house, termination plus eviction often follows within weeks via the Rechtbank Amsterdam, with a claim for double rent as damages, plus reimbursement of real estate agent costs for re-letting.