Termination of Rental Agreement upon Divorce in Amsterdam
Divorce and rental in Amsterdam: termination via Article 7:272 DCC, judicial allocation by the District Court of Amsterdam, priority for children and urgency via the Housing Desk.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In the event of divorce or dissolution of a registered partnership in Amsterdam, as a tenant you can terminate the rental agreement prematurely pursuant to Article 7:272 of the Dutch Civil Code (DCC). The terminating partner must prove that continuation is impossible due to the changed circumstances following the divorce. Procedure: within a reasonable term after the divorce judgment, file a request with the District Court of Amsterdam, including a claim for allocation of the rental property. The other partner has a six-week reflection period. Absent agreement, the judge will rule based on income, duty of care for children, and current living situation in the city. Children have absolute priority, especially in a tight rental market like Amsterdam. Evidence: the judgment of the District Court of Amsterdam and recent income statements. Are both names on the contract? Then co-tenancy applies, which makes termination more complex in housing corporation properties of Ymere or Rochdale. Local practice: in Amsterdam, over 45% of divorce cases lead to rental disputes, due to high housing costs and long waiting lists for social housing. The municipality of Amsterdam offers urgent priority via WoningNet for ex-partners with children, provided you apply for an urgency declaration at the Housing Desk. Advice: immediately consult a family law attorney in Amsterdam, such as via the Juridisch Loket Amsterdam or specialized firms in the Pijp or Oud-West, for joint termination or fair division. Prevent double rental costs in expensive neighborhoods like De Pijp or Centrum through swift action and temporary shelter via the Pauluskerk. (248 words)