Transfer of tenancy rights in Rijswijk
Transfer of tenancy rights means that a tenant in Rijswijk fully transfers their tenancy agreement to a third party. The original tenant passes on all their rights and obligations. According to Article 7:229(1) Dutch Civil Code (DCC), written consent from the landlord is essential. Without this consent, the original tenant remains responsible for everything.
Legal basis for transfer of tenancy rights
The tenancy rules, including transfer of tenancy rights, are found in Book 7, Title 7 of the DCC. The core provision is Article 7:229 DCC: without prior written approval from the landlord, the tenant may not transfer the contract. In case of violation, the landlord may terminate the tenancy and have the new tenant evicted via the District Court of The Hague (district Rijswijk).
Relevant articles:
- Article 7:266 DCC: House swap, where landlords must cooperate with reasonable proposals.
- Article 7:267 DCC: Subletting, where the head tenant remains liable.
- Article 6:248 DCC: Reasonableness and fairness; unreasonable refusal is not permitted.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted in cases of serious risks, such as financial problems of the new tenant.
Differences between transfer, subletting and house swap
Transfer differs from other options. Overview:
| Type | Description | Landlord's consent | Tenant's liability |
|---|---|---|---|
| Transfer of tenancy rights | Full transfer of contract to third party | Written consent mandatory | Remains liable until approval |
| Subletting | Temporary subletting (art. 7:267 DCC) | Often required | Head tenant responsible |
| House swap | Swapping homes (art. 7:266 DCC) | Cooperation mandatory if reasonable | Liable until approval |
More about house swaps? Read House swap: Landlord's consent.
Conditions for transfer of tenancy rights in Rijswijk
For a smooth transfer:
- Written request: Send details of the new tenant (income, references) to the landlord.
- Reasonable refusal: Only in cases of solvency issues, nuisance or arrears.
- Assignment agreement: Document the arrangements between the old and new tenant.
Example 1: Moving for job
You rent in Rijswijk and move to Utrecht for work. You find a reliable replacement. After a written request and income check, the landlord approves. With the assignment, you are discharged.
Example 2: Family transfer
Your child takes over your rental property in Rijswijk when you move to a care facility. The landlord initially refuses due to a temporary contract. The cantonal division of the District Court of The Hague declares the refusal unreasonable (art. 6:248 DCC).
Rights and obligations in transfer
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonableness.
- Discharge after approval (art. 7:229(2) DCC).
Tenant's obligations:
- No transfer without consent.
- Pay until takeover.
- Share details of new tenant.
Landlord: Right to screen, but must motivate and be reasonable.
Procedure step by step
- Find a good replacement.
- Send formal request by registered mail or email.
- Await response (no implied consent).
- In case of refusal: object or go to District Court of The Hague. Advice via Juridisch Loket Rijswijk.