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Risks and Pitfalls in Mutual Consent Termination in Tilburg

Pitfalls such as missing evidence and pressure in Tilburg: how to avoid risks in lease termination by mutual consent using smart clauses and local insights.

2 min leestijd

Mutual consent termination offers benefits for tenants and landlords in Tilburg, but harbours serious risks, especially in a tight housing market such as in the Oud-Zuid neighbourhood or around the Spoorzone. A common pitfall is the lack of written documentation, which leads to denial of agreements (Article 7:210 Dutch Civil Code). Tenants in Tilburg risk homelessness if the landlord withdraws, without judicial intervention via the Oost-Brabant District Court. Landlords may be liable for double rent if the property, for example in the Koostraat, is not vacant upon transfer. Exercising pressure, such as threatening with arrears by Woonbedrijf Tilburg, renders the agreement null and void, as ruled in recent cases at the subdistrict court in Tilburg. Check for ongoing subsidies or benefits via the municipality of Tilburg; termination may affect housing allowances or priority declarations. For social housing from Tivoli or Woonbedrijf, stricter Rent Tribunal scrutiny applies with local priorities. Avoid oral promises regarding repairs to typical Tilburg 1930s houses or deposit refunds. Legal tip: add a revocation clause for a 14-day cooling-off period, tailored to Tilburg leasing practices. In case of non-performance, Article 6:74 Dutch Civil Code provides for dissolution. Practice in Tilburg: tenants often win cases if pressure is proven via chat logs with real estate agents. Document everything with emails, photos of the Meterhuis or Waalwijklaan, and witness statements. Consult local lawyers at the Juridisch Loket Tilburg for professional advice that minimises risks and protects both parties in this region.