Risks and Pitfalls of Mutual Consent in Amsterdam

Mutual consent in terminating a tenancy agreement offers advantages in Amsterdam's tight rental market but also entails serious risks. A common pitfall is the lack of written documentation, which can lead to the denial of agreements (Article 7:210 of the Dutch Civil Code). Tenants in neighborhoods such as the Jordaan or Bijlmer risk homelessness if the landlord withdraws without judicial intervention via the Amsterdam subdistrict court. Landlords may be liable for double rent if the property is not vacated, particularly with stricter enforcement by the Municipality of Amsterdam. Exerting pressure, such as threatening additional charges, renders the agreement null and void, as ruled in recent cases by the Amsterdam District Court. Verify any ongoing subsidies or benefits through the Amsterdam Department of Work and Income; termination may affect allowances and urgency declarations. For social housing provided by corporations such as Ymere, stricter assessments apply by the Rent Commission and local Rent Teams. Avoid verbal promises regarding repairs or deposit refunds, especially in older buildings subject to Amsterdam's ground lease rules. Legal tip: Include a revocation clause allowing a 14-day cooling-off period, suitable for the fast-paced housing market. In case of non-performance, Article 6:74 of the Dutch Civil Code provides for dissolution. Amsterdam practice: Tenants often win cases if pressure is proven through WhatsApp conversations or witness statements from neighbors. Document everything with emails, photos, and reports to the Legal Counter Amsterdam. Professional advice from local lawyers minimizes risks and effectively protects both parties in this competitive market.