Lease Agreement Termination Procedure Amsterdam: Law, Rights and Steps

In Amsterdam, the termination procedure for a lease agreement starts at the Rechtbank Amsterdam (Parnassusweg 220). Here, a landlord or tenant requests the district court judge to dissolve the lease agreement, often due to non-performance of obligations such as rent arrears or nuisance. This procedure is strictly regulated in the Dutch Civil Code (BW) and provides tenants in the city with extra protection, given the tight housing market.

Legal Framework in Amsterdam

The basis is Article 7:231 BW, which allows termination in case of serious shortcomings. Not every breach suffices; the district court judge of the Rechtbank Amsterdam takes local circumstances into account, such as the Amsterdam housing shortage. Also Article 6:265 BW applies for termination due to breach of contract, with mandatory judicial intervention for leases.

When Does a Landlord Seek Termination in Amsterdam?

Landlords in Amsterdam litigate frequently for:

Rent Arrears

Structural arrears of 2-3 months' rent is common for termination. First, the tenant must be formally put in default via registered mail.

Nuisance and Neighbor Issues

Noise nuisance, aggression or pollution in Amsterdam apartments justifies termination if warnings fail. Evidence via neighbor statements is crucial.

Unauthorized Use

Illegal subletting, Airbnb abuse or renovations without permission often lead to proceedings at the Rechtbank Amsterdam.

Maintenance Defects

Serious neglect causing damage to the property is a ground, especially in older Amsterdam homes.

Procedure at Rechtbank Amsterdam

The steps at the district court judge (Parnassusweg 220) are:

Notice of Default

Mandatory via registered letter with a remedy period.

Summons

Delivered by the court clerk or bailiff; the claim includes termination and arrears.

Hearing

Informal; parties present their positions. The judge often mediates.

Judgment

Granting with eviction period (often 1-2 months). Tenants can appeal.

Tenant's Defense in Amsterdam

Consult the Juridisch Loket Amsterdam (Vijzelstraat 77) for free advice. Defenses include:

Missing Notice of Default

The procedure can fail without a proper demand.

Proportionality

Argue that termination is too severe; the judge tests for reasonableness, taking into account the Amsterdam context.

Other defenses: tenant protection via Huurcommissie or urgent own use by landlord.