Risks and Pitfalls in Mutual Consent Termination in Delft

Mutual consent termination of a lease offers benefits for tenants and landlords in Delft, but harbours serious risks, especially in the tight Delft rental market. A common pitfall is the lack of written documentation, which leads to denial of agreements (Article 7:210 DCC). Tenants in neighbourhoods such as Poptahof or Vrijenban risk homelessness if the landlord backs out, without judicial intervention via the District Court of The Hague. Landlords may be liable for double rent if the property is not vacant upon delivery. Exercising pressure, such as threatening eviction, renders the agreement null and void, as ruled in recent cases before the sub-district judge in The Hague. In Delft, check for ongoing subsidies via the municipality or benefits; termination may affect allowances, especially for TU Delft students. For social housing from housing corporations such as Vestia, stricter scrutiny by the Huurcommissie applies. Avoid oral promises regarding repairs or deposit refunds, particularly in older TU properties. Local tip: consult the free Huurteam Delft for advice before signing. Legal tip: include a revocation clause for a 14-day cooling-off period. In case of non-performance, Article 6:74 DCC provides for dissolution. Practice in Delft: tenants often win court cases if pressure is proven with WhatsApp messages or witnesses. Document everything with emails, photos, and the Delft rental register. Professional advice from a Delft tenancy law attorney minimises risks and effectively protects both parties.