Tacit Assignment in Tenancy Law for Rijswijk
In Rijswijk, under the Rechtbank Den Haag, tacit assignment is a crucial provision in Dutch tenancy law. Here, a landlord automatically consents to a request for co-tenancy through silence if he does not respond within one month. This protects tenants in Rijswijk who wish to add a partner or family member to the tenancy agreement, for example, when cohabiting or after the death of the principal tenant. The Juridisch Loket Rijswijk offers free advice on this.
Legal Basis in Rijswijk
The tacit assignment is laid down in Book 7 of the Dutch Civil Code (BW), particularly in the articles on the lease of residential accommodation. Central is Article 7:267 BW, which regulates co-tenancy for partners, family members who permanently reside there or close associates. In Rijswijk, in case of disputes, you must approach the Rechtbank Den Haag.
According to paragraph 3 of Article 7:267 BW, the landlord must respond within one month after receipt. No response? Then co-tenancy is tacitly granted. Refusal is only possible with a valid, substantiated reason, such as reduced financial capacity or nuisance caused by the candidate.
In the event of death, Article 7:268 BW applies: the partner automatically becomes principal tenant, unless the landlord objects within one month. Without a response, tacit assignment follows. This protection prevents homelessness in Rijswijk in cases of relationship breakdowns or deaths.
Practice in Rijswijk
Do you live in Rijswijk with your partner in a rental property, but only your name is on the contract? Add them for security via these steps:
- Send a written request by registered mail or email with read receipt to the landlord. Provide name, date of birth, address and relationship.
- Wait one month for a response.
- No answer? Co-tenancy is granted. Prove with dispatch receipts. In case of problems: contact Juridisch Loket Rijswijk.
Example 1: In Rijswijk, Ahmed and Fatima have been renting an apartment for three years. Ahmed is the principal tenant. Fatima wants to become co-tenant after job loss. Request on April 1, no response by May 1. From May 2, she is co-tenant; later refusal too late.
Example 2: After the death of her partner on June 10 in Rijswijk, widow Sophie claims the tenancy. Landlord remains silent for a month: automatically principal tenant.
Rights and Obligations
As co-tenant via tacit assignment, you enjoy full rights:
- Tenancy protection (termination difficult).
- Use and subletting (with permission).
- Responsible for rent and maintenance.
Obligations:
- Pay rent on time (jointly).
- Do not cause nuisance or damage.
- Cooperate with inspections.
The landlord cannot unilaterally revoke; only the court (Rechtbank Den Haag) in case of serious misconduct.
Comparison Explicit vs. Tacit Assignment
| Aspect | Explicit Assignment | Tacit Assignment |
|---|---|---|
| Decision Period | 1 month, written consent | No response in 1 month = consent |
| Proof | Consent letter | Dispatch proof + silence |
| Tenant Risk | Refusal possible | Low with proper application |
| Revocable? | With reason | Only via court |
Frequently Asked Questions for Rijswijk
Can landlord refuse later?
No, binding. Only Rechtbank Den Haag can revoke in case of fraud or non-payment. Keep everything; consult Juridisch Loket Rijswijk.
Must request be in writing?
Yes, otherwise no tacit assignment. Use registered letter for proof.