Mutual Agreement to Terminate Tenancy in The Hague
In a **mutual agreement**, landlord and tenant jointly terminate the tenancy agreement. Handy for quick moves, but watch out for legal pitfalls. Discover the rules, local tips for The Hague and how to arrange this safely at the Rechtbank Den Haag, Prins Clauslaan 60.
What does mutual agreement entail?
**Mutual agreement** means that tenant and landlord jointly decide to end the tenancy. Unlike a unilateral termination, both parties agree to a shorter notice period. Ideal if you want to move quickly in The Hague to a new rental or purchased property, but the landlord does not want to wait for the standard notice period.
Record everything in writing in a termination letter or addendum. Without this, you may encounter problems later, for example in disputes before the Rechtbank Den Haag (Prins Clauslaan 60). For free advice: Juridisch Loket Den Haag, Lutherse Burgwal 10.
Legal basis in the Netherlands
The core rules are set out in Book 7 of the Dutch Civil Code (BW):
- Art. 7:210 BW: General termination of agreements.
- Art. 7:262 BW: Termination of tenancy, also relevant for joint arrangements.
- Art. 7:264 BW: Notice periods, which are flexible upon agreement.
Plus good faith (art. 6:2 BW) and reasonableness (art. 6:248 BW). In The Hague, the district court judge of the Rechtbank Den Haag handles such cases efficiently.
Practical examples from The Hague
Commonly seen in the region:
- Quick move to purchased property: Tenant in Schilderswijk finds a house in Haagse Hout, but landlord does not want to wait 3 months. Agreement on 4 weeks.
- Landlord wants to renovate: Owner in Centrum wants to refurbish the property for own use; tenancy ends earlier.
- Avoid conflict: Disagreement over maintenance in Segbroek? Amicable termination prevents lawsuit.
Rights and obligations
Tenant's rights
- Written confirmation of agreements.
- Reasonable notice period (not suddenly out).
- Final settlement with deposit refund.
Tenant's obligations
- Deliver the property in clean condition.
- Pay outstanding rent.
- Return keys on the agreed date.
Landlord's rights
- Inspect for damage upon delivery.
- Agreements on cleaning.
Landlord's obligations
- Refund deposit within a reasonable period.
- Prepare clear final statement.
Tips for The Hague
- Check local tenancy teams via Gemeente Den Haag.
- Consult Juridisch Loket Den Haag (Lutherse Burgwal 10) for model letters.
- In case of dispute: procedure at Rechtbank Den Haag, Prins Clauslaan 60.
- Consider Huurcommissie for review.
Possible pitfalls
Avoid exerting pressure – that can render it invalid. Always signed by both parties. If in doubt: seek legal advice.