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Risks and Pitfalls in Mutual Consent Termination in Westland

Pitfalls such as missing evidence and pressure in lease termination in Westland: avoid risks with smart clauses, taking into account local horticultural leases and the Huurcommissie.

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Mutual consent termination of a lease offers benefits for tenants and landlords in Westland, but harbours serious risks, especially in the greenhouse horticulture district. A common pitfall is the lack of written documentation, which leads to denial of agreements (Article 7:210 BW). Tenants in greenhouses or homes in Kwintsheul or Monster 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 dwelling or commercial property is not vacated, which often occurs in Westland with its seasonal contracts. Exercising pressure, such as threatening eviction during busy harvest times, renders the agreement null and void, as ruled in recent cases before the sub-district court of Rotterdam. Check for ongoing subsidies such as the Energy Saving Horticulture subsidy or benefits; termination may affect these in Westland via the municipality. For social housing in Naaldwijk, stricter Huurcommissie scrutiny applies with local priority for greenhouse horticulture employees. Avoid oral promises regarding repairs to greenhouses or return of deposit. Legal tip: add a revocation clause for a 14-day cooling-off period, suitable for Westland flex contracts. In case of non-performance, Article 6:74 BW provides for dissolution. Practice in Westland: tenants often win if pressure is proven with WhatsApp messages. Document everything with emails, photos of the greenhouse condition, and witness statements from local entrepreneurs. Professional advice from a Westland tenancy law attorney minimises risks and effectively protects both parties.