Notice Period by Mutual Consent for Lease Termination
Discover how parties by mutual consent can determine the notice period themselves, without fixed rules from the DCC. Flexibility with risks: tips for safe agreements and end dates.
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Arslan AdvocatenLegal Editorial
1 min leestijd
By mutual consent for lease termination, no fixed statutory notice period applies as in unilateral termination. Parties can agree on a shorter or longer period themselves, offering flexibility. According to Article 7:271 DCC, the agreed date can take effect immediately after signing, provided both parties agree. This is ideal for tenants with a new home or landlords who want a new tenant quickly. It is important to explicitly state the end date in the agreement, including handover of keys and inspection of the property. Without a clear date, there is a risk of disputes over lease obligations. Landlords must consider possible damage claims if the property is not vacated on the agreed date. Tenants often retain the right to repayment of the deposit after inspection. To prevent disputes, consult a lawyer for drafting a notarial deed or detailed letter. Practical examples show that flexible periods lead to smooth transitions, but verbal agreements often fail in court. Ensure witnesses or registration with the Rent Tribunal for additional evidence.