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Mutual Agreement to Terminate Tenancy in Rotterdam

Mutual agreement to terminate tenancy in Rotterdam: how it works, legal rules, rights/obligations and local tips for the Court and Legal Aid Office.

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Mutual Agreement to Terminate Tenancy in Rotterdam

In a **mutual agreement**, the landlord and tenant in Rotterdam jointly terminate the tenancy agreement. Handy for quick moves in the port city, but pay attention to the rules. Read how it works, local tips and legal pitfalls.

What is mutual agreement in Rotterdam?

**Mutual agreement** means that the tenant and landlord in Rotterdam voluntarily end the tenancy. Unlike a standard notice of termination, where notice periods apply, the parties here agree on a shorter end date. Ideal if you want to quickly move into a new home in Rotterdam-South or Kralingen, but the landlord does not want to wait for the statutory period.

Document everything in writing, preferably via a termination agreement. In Rotterdam, it is common for notaries or real estate agents to notarize this for extra certainty, especially for rental properties in busy neighborhoods like Delfshaven.

Legal basis for Rotterdam

The core rules are set out in Book 7 of the Dutch Civil Code (BW):

  • Article 7:210 BW: General termination of tenancy agreements.
  • Article 7:262 BW: Notices of termination, including joint agreements.
  • Article 7:264 BW: Flexible notice periods upon mutual consent.

In Rotterdam, the District Court of Rotterdam (Wilhelminaplein 100-125) strictly enforces good faith (art. 6:2 BW) and reasonableness (art. 6:248 BW). In case of abuse, the court may declare the agreement invalid.

Practical examples in Rotterdam

In the Maasstad, this occurs frequently:

  1. Quick departure for new job at the port: Tenant finds work at the Port of Rotterdam, agrees to termination after 2 weeks instead of months.
  2. Landlord renovates for Airbnb: Owner in Rotterdam-West wants to renovate the property; parties agree on an end date without long waiting time.
  3. Avoid conflict over rent increase: In a dispute over service charges in an apartment building on Coolsingel, parties opt for a peaceful exit.

Rights and obligations in Rotterdam

Rights of tenant

  • Written confirmation: Request a signed document.
  • Reasonable notice period: No 'out today' – minimum several weeks.
  • Final settlement: Deposit returned, rent up to end date.

Obligations of tenant

  • Deliver property in clean condition: Clean and undamaged, otherwise deduction from deposit.
  • Provide meter readings: Gas, water, electricity on end date.
  • Notify new address: To the municipality of Rotterdam.

Rights of landlord

  • Inspection of delivery: Combine final inspection with key handover.
  • Rent up to end date: Full payment required.

Obligations of landlord

  • Refund deposit: Within a reasonable period after inspection.
  • No hidden costs: Transparent settlement.

Step-by-step plan for Rotterdam

  1. Negotiate: Discuss end date, costs and deposit.
  2. Document in writing: Use model letter from the Rent Tribunal.
  3. Schedule inspection: Avoid disputes over property condition.
  4. Hand over keys: Sign protocol.
  5. In case of problems: Go to Legal Aid Office Rotterdam, Westblaak 180 or District Court of Rotterdam.

Avoid common mistakes

  • No written agreement: Proof problem in dispute.
  • Too short notice period: Tenant claims unreasonableness.
  • Forgotten final inspection: Withholding of deposit.

For free advice: Legal Aid Office Rotterdam, Westblaak 180. For complex cases, go to the District Court of Rotterdam, Wilhelminaplein 100-125.