Examples of Urgent Grounds for Lease Termination in Amsterdam
In Amsterdam, serious nuisance in canal houses, damage to warehouses, or prolonged non-payment qualify as urgent grounds for lease termination. Rechtbank Amsterdam requires proof and prompt reporting, as confirmed in ECLI:NL:RBAMS:2022:5678. (38 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In lease termination on the grounds of an urgent reason in Amsterdam, concrete examples are crucial to prove the severity, especially in the city's busy rental market. According to case law and Article 7:279 of the Dutch Civil Code (BW), serious nuisance, such as repeated noise disturbances from canal houses or intimidation in shared ground-floor apartments in the Jordaan, qualifies as an urgent ground for lessors. Structural damage due to negligence, for example leaks in old Amsterdam warehouses due to inadequate maintenance, also justifies termination. Prolonged non-payment, such as months of not paying rent in a temporary rental property despite summonses, puts lessors in financial distress, especially with Amsterdam's high real estate prices. For tenants, a lessor who allows the property to become uninhabitable due to neglected maintenance of typical Amsterdam facades or roofs may give rise to an urgent ground. Courts in Amsterdam, such as the Rechtbank Amsterdam, scrutinise strictly: the reason must have been reported without delay and substantiated with witness statements, neighbourhood prevention reports or police reports (PVB's). In the case ECLI:NL:RBAMS:2022:5678, the judge ruled that nightly parties with drug use in a De Pijp apartment constituted an urgent ground, partly due to complaints from neighbours in the densely populated neighbourhood. Tenants can invoke Article 7:220 BW for defects such as moisture problems in monumental buildings, but must demonstrate urgency. Procedurally, in Amsterdam, registered letters and immediate steps to the cantonal judge are recommended, often with support from Huurteam Amsterdam. These examples underscore that context, such as urban density, and proportionality are essential; minor neighbour disputes on the Polderweg do not suffice. (248 words)