Risks and Pitfalls in Mutual Consent Termination in Rotterdam

Mutual consent in lease termination offers benefits for tenants and landlords in Rotterdam, but harbours serious risks, especially in a tight housing market like that of Rotterdam. A common pitfall is the lack of written documentation, which leads to denial of agreements (Article 7:210 BW). Tenants in neighbourhoods such as Charlois or Feijenoord risk homelessness if the landlord withdraws, without judicial intervention via the Rotterdam district court. Landlords may be liable for double rent if the property is not vacated with housing associations such as Woonbron or Vestia. Exercising pressure, for example by threatening high service charges, renders the agreement null and void, as ruled in recent cases at the Rotterdam District Court. Check for ongoing subsidies or benefits under the Rotterdam Participation Act; termination may affect allowances or priority declarations with the municipality. For social housing in Rotterdam, stricter review by the Huurcommissie applies, with additional attention to local performance requirements. Avoid oral promises regarding repairs or deposit refunds, especially in older properties in Delfshaven. Legal tip: include a right of withdrawal clause for a 14-day cooling-off period, tailored to Rotterdam leasing practices. In case of non-performance, Article 6:74 BW provides for dissolution. Practical examples from Rotterdam show that tenants often prevail if pressure is proven via WhatsApp messages or witnesses. Document everything with emails, photos, and minutes of neighbourhood discussions. Consult a Rotterdam tenancy law attorney or the Juridisch Loket Rotterdam for professional advice that minimises risks and protects both parties.