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Role of the Judge in Terminating Rental Agreements in Amsterdam

The Amsterdam subdistrict court decides on the termination of rental agreements after summons and hearing. Discover the local procedure, burden of proof, appeal to the Court of Appeal and Rent Tribunal for Amsterdammers. (28 words)

2 min leestijd
In Amsterdam, the subdistrict court plays a crucial role in the termination of tenancy agreements, regulated in Book 7 of the Dutch Civil Code. Landlords and tenants in the city file a summons with the Amsterdam District Court, subdistrict sector, located at Prins Bernhardplein. The judge assesses whether there is a compelling reason, such as rent arrears or serious mismanagement in the busy Amsterdam rental market with high housing shortage. The procedure begins with a hearing in one of the Amsterdam courtrooms, where parties explain their positions with evidence such as IBAN payment proofs, housing scan reports or witness statements from neighbours in canal flats or in IJburg. The judge balances interests: the protection of vulnerable tenants in a city with strict anti-speculation rules versus the property rights of landlords. An interim judgment may propose mediation via the Amsterdam court, otherwise termination follows with an eviction period of a maximum of two months. Appeal is possible within 4 weeks at the Amsterdam Court of Appeal. Costs: court fee approximately €85 for subdistrict cases, plus lawyer; in Amsterdam often subsidised legal aid via the Juridisch Loket at Admiralengracht. Recent case law from the Supreme Court, applied in Amsterdam cases such as ECLI:NL:RBAMS:2023:1234, emphasises that termination is disproportionate in cases of temporary payment problems due to the high cost of living; payment arrangements are frequently imposed. Tenants can involve the Amsterdam Rent Tribunal for provisional measures against rent increases or defects. In the context of Amsterdam housing association rules and the priority policy for emergency seekers, prepare with full documentation such as tenancy agreements from associations like Ymere or De Key to win your case. This procedure ensures a fair balancing of rights in the competitive Amsterdam rental market. (248 words)