What Happens to the Tenancy after Death?
If a tenant in Rijswijk passes away, the tenancy agreement can often be taken over by the surviving partner or co-residents. This provides protection against sudden eviction following the loss of a loved one.
Who May Take Over the Tenancy?
| Person | Takeover | Conditions |
|---|---|---|
| Co-tenant | Direct | No application required |
| Spouse/partner | Direct | Property as principal residence |
| Cohabiting partner | On request | Lasting relationship, request within 6 months |
| Resident child | On request | Lasting relationship, request within 6 months |
| Other housemate | On request | Lasting relationship, request within 6 months |
Direct Takeover of the Tenancy
For co-tenants and spouses/registered partners in Rijswijk:
- No request needed
- The tenancy continues unchanged
- Rights and obligations remain in force
- Landlord cannot refuse this
Applying for Tenancy Takeover
Step-by-Step Plan
- Submit a written request within 6 months after death
- Prove a lasting joint household
- Landlord responds within 8 weeks
- In case of refusal: go to court (District Court of The Hague)
What is a Lasting Joint Household?
This exists when:
- Co-habited for at least 2 years
- Costs were paid jointly
- It was not a temporary living situation
- The household was run jointly
Reasons for Refusal
A landlord may refuse the takeover if:
- No lasting household is demonstrated
- Income is too low (for social housing)
- The property is too large for the survivor
What if the 6-month period is missed?
Then the right to takeover normally lapses. In exceptional circumstances, the court in Rijswijk may sometimes make an exception.
Can a landlord terminate the tenancy after death?
No, not without more ado. If someone has a right to continuation, the landlord must respect this.
What happens to the deceased's rent arrears?
Heirs are responsible for outstanding debts. This is separate from the right to tenancy continuation.
Frequently Asked Questions about Tenancy in Rijswijk
What are my tenant rights?
As a tenant in Rijswijk, you have the right to a safe home, protection against unreasonable rent increases, and the ability to demand maintenance if the property is uninhabitable.
Can the landlord just increase the rent?
No, rent increases are subject to legislation. The landlord must announce this in writing at least two months in advance and may not exceed the statutory limit.
What happens to my deposit?
The deposit must be kept by the landlord in an account and repaid within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy?
You can terminate the tenancy according to the notice period in your contract, usually in writing and observing the notice period.
What to do with a poorly maintained property?
Write to the landlord requesting repair. If this does not happen within a reasonable time, you can have repairs done yourself and offset the costs against the rent.
Assistance in Rijswijk
For legal support, you can go to the Juridisch Loket Rijswijk. In case of disputes, a case can be brought before the District Court of The Hague.