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Dissolution of Lease Agreement Example in Amsterdam

A **dissolution of lease agreement** is a formal termination of your lease agreement, often required when moving out or in case of disputes. Discover here a **legally correct example** and the steps you must follow, including legislation and practical tips.

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Dissolution of Lease Agreement Example

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\n A **dissolution of lease agreement** is an official statement by which you or your landlord terminates the lease agreement. This may be necessary when moving out, in case of a conflict, or if the agreement is no longer desirable. A **legally correct example** helps you to formulate the dissolution correctly, so that you do not encounter problems with your landlord or the court.\n

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\n In this article, we explain how to draft a dissolution, which **legal rules** apply, and what you must do if you or your landlord wishes to terminate the agreement. We also provide a **practical example** that you can adapt to your situation.\n

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What is a dissolution of lease agreement?

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\n A **dissolution of lease agreement** is a formal statement that you or your landlord wishes to terminate the agreement. This can happen in various ways, depending on the situation:\n

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  • Mutual consent: Both parties agree to terminate the agreement.
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  • Unilateral dissolution: One party (usually the tenant or landlord) wants to end the agreement, for example in case of a **serious breach of the agreement** or at the **end of the lease period**.
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  • Dissolution by the court: If there is a conflict and the parties cannot agree, the court may dissolve the agreement.
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\n The **legal basis** for dissolution is primarily set out in Book 7 of the Dutch Civil Code (BW), particularly Article 7:270 et seq. In addition, there are specific rules for **residential tenancy** (Tenancy Act 2015) and **commercial tenancy**.\n

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When may you dissolve the lease agreement?

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\n Whether you may dissolve the agreement depends on the situation. Below are the main scenarios in which dissolution is possible:\n

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1. Dissolution by mutual consent

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\n If both parties agree, the lease agreement can be dissolved simply. This is often the case in:\n

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  • The **end of the lease period** (for fixed-term lease agreements).
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  • A **desire to move** (if the landlord agrees).
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  • An **agreement on termination** (for example, if the tenant finds a new home and the landlord accepts this).
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\n In this case, you do not need to draft a formal dissolution statement, but a **notice of termination letter** is advisable. See our article on notice of termination of lease agreement for more information.\n

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2. Unilateral dissolution by the tenant

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\n If the tenant wishes to unilaterally dissolve the agreement, there are specific rules. This is only possible in certain cases:\n

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  • For an indefinite-term lease agreement: The tenant may terminate the agreement with a **notice period** (usually 1 month). This is provided for in Article 7:270 BW.
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  • For a fixed-term lease agreement: The tenant may only dissolve if the landlord consents or if there is a **serious reason** (for example, poor condition of the property).
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  • For a residential tenancy agreement (Tenancy Act 2015): The tenant may dissolve the agreement if the landlord fails to fulfill its obligations, such as **lack of maintenance** or **unsafe conditions**.
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\n Note: for a **commercial lease agreement** (for example, office space), the rules are stricter. Here, the tenant may often only dissolve if the landlord gives permission or if there is a **serious breach**.\n

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3. Unilateral dissolution by the landlord

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\n The landlord may dissolve the lease agreement in the following cases:\n

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  • For a fixed-term lease agreement: The landlord may terminate the agreement once the agreed period has expired.
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  • For an indefinite-term lease agreement: The landlord may give notice with a notice period (usually 1 month), but only if there is a **serious reason**, such as **arrears of rent**, **damage to the property**, or **unlawful use**.
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  • For a residential tenancy agreement (Tenancy Act 2015): The landlord may dissolve the agreement if the tenant fails to fulfill its obligations, such as **not paying rent** or **neglecting the property**.
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\n The landlord must always have a **valid reason** to dissolve the agreement. Without such a reason, the dissolution is often **null and void**.\n

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4. Dissolution by the court

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\n If the parties cannot agree on the dissolution, one of the parties may approach the court. The court may dissolve the agreement if:\n

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