What Happens to the Tenancy after Death?
If a tenant in Zoetermeer passes away, the tenancy can often be transferred to 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 steps 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 or registered partners in Zoetermeer:
- No request required
- Tenancy agreement remains unchanged
- All obligations and rights 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: involve the court via District Court of The Hague
What is a Lasting Joint Household?
This means that:
- At least 2 years of cohabitation
- Joint financial obligations
- No temporary living situation
- Maintaining a joint household
Possible Reasons for Refusal
A landlord may refuse the takeover if:
- No lasting household is proven
- Income too low for social housing
- Property too large for the survivor
What if the 6-month period is exceeded?
In principle, the right to takeover lapses. In rare cases, the court in Zoetermeer may make an exception.
Can a landlord terminate the tenancy after death?
No, not without reason. If someone has a right to takeover, the landlord must accept this.
What happens to the deceased's rent arrears?
Heirs are responsible for outstanding debts, regardless of the right to tenancy continuation.
Frequently Asked Questions about Tenancy in Zoetermeer
What are my rights as a tenant in Zoetermeer?
As a tenant, you have the right to safe housing, protection against unreasonable rent increases, and the option to take action if the property is uninhabitable.
Can the landlord increase the rent arbitrarily?
No, rent increases are subject to legislation. The landlord must notify 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 held by the landlord in an account and repaid within 30 days after termination of the tenancy, unless there is damage.
How do I terminate my tenancy in Zoetermeer?
You can terminate the tenancy according to the notice period in your contract, usually in writing via the landlord.
What do I do if the property is poorly maintained?
Request the landlord in writing to carry out repairs. If this does not happen, you may carry out repairs yourself and offset the costs against the rent after consultation.