Transfer of Tenancy Rights in Zoetermeer
Transfer of tenancy rights means that a tenant in Zoetermeer fully transfers their tenancy agreement to a third party. This is only permitted with the written consent of the landlord, as stipulated in Article 7:229(1) Dutch Civil Code (DCC). Without agreement, the original tenant remains responsible for all obligations.
Legal Basis for Transfer of Tenancy Rights
The rules are set out in Book 7, Title 7 of the DCC. The core provision is Article 7:229 DCC: transfer to a third party requires prior written consent of the landlord. In case of violation, the landlord may terminate the tenancy agreement and demand eviction via the District Court of The Hague (district Zoetermeer).
Relevant articles:
- Article 7:266 DCC: In case of home exchange, the landlord must cooperate if the exchange is reasonable.
- Article 7:267 DCC: Subletting, whereby the head tenant remains liable.
- Article 6:248 DCC: Reasonableness and fairness; refusal must not be arbitrary.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted for valid reasons, such as financial risks posed by the new tenant.
Differences between Transfer, Subletting and Home Exchange
Overview of the options:
| Type | Description | Landlord's Consent | Tenant's Liability |
|---|---|---|---|
| Transfer of tenancy rights | Permanent takeover by third party | Written consent mandatory | Continues until explicit agreement |
| Subletting | Temporary subletting (art. 7:267 DCC) | Often required | Head tenant primarily responsible |
| Home exchange | Home swap between tenants (art. 7:266 DCC) | Cooperation mandatory if reasonable | Liable until approval |
More about home exchange? Read Home Exchange: Landlord's Consent.
Conditions for Transfer of Tenancy Rights in Zoetermeer
For a smooth transfer:
- Written request: Send details of the new tenant (income, references) to the landlord.
- Limited grounds for refusal: Only for solvency issues, nuisance or arrears.
- Assignment agreement: Document the arrangements between the old and new tenant.
Example 1: Job Relocation
You rent in Zoetermeer and move to Utrecht for work. You find a solvent replacement. After a written request and income check, the landlord gives the green light. With the assignment, you are discharged.
Example 2: Family Circumstances
Your child takes over your rental property in Zoetermeer when you move to a care facility. The landlord initially refuses due to a temporary contract. At the district court District Court of The Hague, the refusal is deemed unreasonable (art. 6:248 DCC) and consent is enforced.
Rights and Obligations in Case of Transfer
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Legal proceedings in case of unreasonable refusal.
- Discharge after consent (art. 7:229(2) DCC).
Tenant's obligations:
- No transfer without consent.
- Pay until takeover.
- Provide full information about the new tenant.
Landlord: Right to screen, but must motivate and be reasonable.
Procedure Step by Step
- Find a reliable successor.
- Send registered letter request or email with confirmation.
- Await response (no tacit consent).
- Refusal? Object and if necessary go to District Court of The Hague.
- Consult the Juridisch Loket Zoetermeer for free advice.
For assistance: Contact Juridisch Loket Zoetermeer or file a case at the District Court of The Hague.