Mutual Agreement to Terminate Tenancy in Amsterdam
In a **mutual agreement**, the landlord and tenant in Amsterdam jointly terminate the tenancy agreement. Handy for quick moves in the city, but pay attention to the rules. Learn how it works, which laws apply and tips for Amsterdammers.
What does mutual agreement entail?
**Mutual agreement** means that both the **landlord** and the **tenant** in Amsterdam agree to the end of the tenancy. Unlike a unilateral termination, both parties agree on a joint date. Ideal if you have quickly found a new home in Amsterdam-Noord or Zuid, while the landlord does not want to wait for the standard notice period.
Always record this in writing, such as in a **termination letter** or separate document. In Amsterdam, with many tenancy disputes, this prevents problems at the Amsterdam District Court, Parnassusweg 220.
Legal basis in Amsterdam
The rules are set out in:
- Book 7 of the Dutch Civil Code (BW), art. 7:210 for termination.
- Art. 7:262 BW for terminations, also in cases of agreements.
- Art. 7:264 BW for notice periods, which can be adjusted by consent.
Plus **good faith** (art. 6:2 BW) and **reasonableness** (art. 6:248 BW). In Amsterdam, the Rent Tribunal strictly monitors fairness.
Practical examples in Amsterdam
Often in cases of:
- Quick move in the city: You find an apartment in De Pijp, but the statutory notice period is too long. Mutual agreement for termination after 2 months.
- Landlord wants to renovate: For a renovation in Oud-Zuid, parties agree on a shorter notice period.
- Avoiding conflict: Disagreement over service charges? End amicably instead of litigating at the Amsterdam District Court.
Rights and obligations
Important for Amsterdammers:
Tenant's rights
- Written documentation.
- Reasonable notice period, not just thrown out.
- Final settlement with deposit refund.
Tenant's obligations
- Deliver the property in good condition.
- Confirm everything in writing.
- Pay rent until the end date.
Landlord's rights
- Enforce the termination date.
- Inspection upon departure.
Landlord's obligations
- Refund the deposit.
- Provide a clear final settlement.
Tips for Amsterdam
- Check with Legal Aid Office Amsterdam, Vijzelstraat 77 for free advice.
- For regulated tenancies: Rent Tribunal check.
- Adapt the model letter from the central government.
- Hand over with inspection, photograph everything.
Possible pitfalls
- No written proof: Tenancy continues.
- Exerting pressure: Invalid.
- Early reference date: Watch for rent increase.
For help: Amsterdam District Court, Parnassusweg 220 or Legal Aid Office Amsterdam, Vijzelstraat 77.