Personal Suretyship Rules in Rijswijk

In Rijswijk, a vibrant municipality in the Haaglanden region near The Hague, the same strict rules for personal suretyships apply as throughout the Netherlands, but local notaries and banks such as those on Herenstraat or in the city centre often emphasise the specific risks for Rijswijk homeowners. A personal suretyship differs from a security deposit due to the joint and several liability (art. 7:850 BW). The suretyship must always be recorded in writing, with explicit mention of the maximum amount and the duration. Local bank branches in Rijswijk, for example in mortgage applications for homes in neighbourhoods such as Innen or Oud-Rijswijk, regularly require joint suretyship. For married couples, the signature of both spouses is mandatory (art. 1:88 BW), particularly relevant given the high house prices in this region. Restrictions apply to consumer suretyships without advice rights, such as for purchase properties via Rijswijk real estate agents. Discharge from the suretyship is possible after performance of the principal debt, where the District Court of The Hague – competent for Rijswijk – tests reasonableness. In practice around the Rijswijk court, lawyers always advise a suretyship agreement with unilateral invocation of the suretyship and a notification obligation. In the event of bankruptcy of the principal debtor, often seen with local entrepreneurs in the Sleeuwijk industrial area, the right of recourse remains intact, but check local case law of the Court of Appeal of The Hague.