Rent Arrears as Grounds for Termination in Amsterdam

Rent arrears constitute a frequent reason for termination of the tenancy agreement in Amsterdam (Article 6:262 DCC in conjunction with 7:220 DCC). Landlords in the capital must first send a reminder with a payment period of 14 days. If the rent remains unpaid, summons must be served at the sub-district judge of the Amsterdam District Court. The judge assesses whether the arrears amount to at least three months' rent or are of an urgent nature, taking into account the high Amsterdam rental prices and the tight housing market. Tenants in neighborhoods such as the Jordaan or Oost can defend themselves by invoking payment incapacity, for example due to the impact of the corona crisis, inflation or job loss in the tourism sector. The judge may then establish a payment arrangement instead of termination, as is common in Amsterdam rental disputes. Evidence is crucial: keep bank statements, reminders and correspondence. In 2023, the Amsterdam District Court ruled that seasonal arrears due to temporary unemployment in the hospitality sector do not justify termination without prior warning. Tenants are entitled to rent allowance via the Tax Authorities and can seek free advice from the Amsterdam Tenants' Union. Landlords risk annulment of the judgment if they adopt an unreasonable stance. Alternative: an amicable settlement via the Rent Tribunal or the Housing Department of the Municipality of Amsterdam. Upon termination, a direct rent claim flows plus compensation for one month of vacancy, which in Amsterdam is particularly painful due to the long waiting times. Prevent escalation with timely dialogue and mediation. This article highlights the specific thresholds and strategies for Amsterdammers.