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Transfer of Tenancy Rights to a New Tenant in Amsterdam

Transfer of tenancy rights with landlord's consent: an ideal solution for termination in Amsterdam. Local regulations, benefits, and drafting a tripartite agreement.

2 min leestijd
In Amsterdam, where the housing market is extremely tight with long waiting lists for social housing via WoningNet, a tenant may transfer tenancy rights to a replacement with the landlord's consent (Article 7:226 of the Dutch Civil Code). This prevents vacancy in the city and promotes mobility in the strained market. The new tenant assumes all obligations, including the deposit contribution and any service charges for Amsterdam housing association properties. Document this in a tripartite agreement, including a detailed inspection report of the property's condition in accordance with local practices. Landlords, often housing associations such as Ymere or De Key, rigorously screen for solvency, income criteria, and references due to high demand. The original tenant remains liable until formal agreement is reached. **Advantages:** No notice period required, providing a quick solution ideal for Amsterdam residents relocating within the region. **Risks:** Disputes over the property's condition, particularly in listed buildings in the city center. In practice, parties combine this with mutual consent for a seamless transition, taking into account the Amsterdam Housing Ordinance. The Amsterdam Rent Commission monitors social housing properties. **Legal tip:** Specify the inventory to be taken over, meter readings, and any parking rights. Case law from the Amsterdam District Court confirms the validity of this mechanism for equivalent tenants. This process enhances fluidity in the Amsterdam housing market without court intervention.