Legal Assistance with Rental Problems in Amsterdam


Questioner

Dear, I've been renting a house in Amsterdam with two friends since July 2019. I'm on the same lease as one friend, and the third person can live there through a "hospiteerregeling" (hospitalization arrangement). At the start of the tenancy, we were given a temporary contract, which was supposed to run until August 2020. However, the landlord approached us in December 2019 to offer us a permanent contract. Or so we thought. It turns out we'd overlooked a clause stating that the contract is permanent, with a minimum term until November 2021. I discovered this because I wanted to terminate my lease due to a new education/job requirement in a different city. Although I don't think anything will change if another tenant, whom I've already found, takes my place (my friends do want to stay), the landlord is being difficult. He explained that the law regarding room sharing in Amsterdam has changed, and that he now needs a permit to rent to three people. He applied for the permit, but refused to say anything about how long this would take or whether it was possible for me to leave the house and someone else to take my place on the contract. Do you happen to know if there's a way out for me? I've done some research and read that Amsterdam's new rental law stipulates that room sharing is only permitted with a permit. Does this mean we're living illegally now, and is there anything I can do about it?

Questioner

A quick note about the second contract and the new clause: it's not legally valid because you're being offered a second contract, which is always indefinite after the first. So now there's a case where your landlord might not get a permit. You want to leave the room early and use its potentially illegal nature as grounds for termination? But as you can deduce from the first sentence, you can cancel every month because the provision in the second contract is invalid. You can submit your contract(s) to me to be sure.

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