Termination of Rental Agreement upon Divorce in Utrecht
Divorce and rental in Utrecht: procedures via Article 7:272 DCC, judicial allocation and priority for children. Local resources via Municipality of Utrecht.
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Arslan AdvocatenLegal Editorial
2 min leestijd
Upon divorce or dissolution of a registered partnership in Utrecht, one partner may terminate the rental agreement prematurely pursuant to Article 7:272 of the Dutch Civil Code (DCC). The terminating party must prove that continuation is impossible due to changed circumstances, such as financial pressure or care for children. Procedure: within a reasonable term after the divorce judgment, file a request with the District Court of Midden-Nederland in Utrecht, including a claim for allocation of the rental property. The other party has six weeks to consider. Absent agreement, the court decides based on income, duty of care, living situation and priority for children. Evidence includes the judgment, income specifications and, if applicable, an extract from the Personal Records Database (BRP). Are both names on the contract? Then co-tenancy applies, which makes termination more complex. In Utrecht, 45% of divorce cases lead to rental conflicts, partly due to the tight housing market in neighbourhoods such as Kanaleneiland and Overvecht. The Municipality of Utrecht offers priority declarations via WoningNet for alternative housing, especially for families with minors. Engage a local family law attorney, such as via the Juridisch Loket Utrecht or specialists in the city centre, for joint termination or division. Prevent double housing costs through timely action and consult Woonbedrijf Utrecht for tenant support. (218 words)