Tacit Assignment in Tenancy Law around Zoetermeer
In Zoetermeer and surrounding areas, tacit assignment serves as crucial protection in Dutch tenancy law. A landlord automatically consents to a request for co-tenancy by remaining silent if he does not respond within one month. This helps tenants in Zoetermeer 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.
Statutory Basis in Zoetermeer
The rules for tacit assignment are set out in Book 7 of the Dutch Civil Code (BW), particularly for residential tenancy. Central is Article 7:267 BW, which describes co-tenancy. A tenant in Zoetermeer may request in writing to add a partner, family member who has been living there long-term, or close relative as co-tenant.
Paragraph 3 of Article 7:267 BW requires the landlord to decide within one month. No response? Then co-tenancy is tacitly granted. Refusal is only permitted for valid, substantiated reasons, such as financial risks to the household 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. In Zoetermeer, this prevents homelessness through tacit consent. These laws protect against arbitrariness and are relevant for the District Court of The Hague (Zoetermeer district).
Seek free advice from the Zoetermeer Legal Aid Office for help with your tenancy case.
Tacit Assignment in Zoetermeer Practice
Example: You share a rental home in Zoetermeer with your partner, but only your name is on the contract. Want certainty? Follow 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 a maximum of one month for a response.
- No reply? Co-tenancy is granted. Prove it with dispatch evidence.
Example 1: Ahmed and Fatima have been renting an apartment in Zoetermeer for three years. Ahmed is the principal tenant. Fatima wants to become co-tenant after job loss. Request sent on April 1; no response by May 1. From May 2, Fatima is co-tenant – too late for opposition.
Example 2: After her partner's death on June 10 in Zoetermeer, widow Sophie claims the tenancy right. Landlord remains silent for a month. Sophie is now principal tenant.
Rights and Obligations after Assignment
As co-tenant via tacit consent, you enjoy full rights:
- Tenancy protection (termination difficult).
- Use and subletting of the property (with permission).
- Obligation to pay rent and maintain.
Obligations:
- Pay rent on time (together with principal tenant).
- Do not cause nuisance or damage.
- Cooperate with inspections.
Landlord cannot revoke this at will; only court in case of serious issues.
Comparison Explicit vs. Tacit
| Aspect | Explicit | Tacit |
|---|---|---|
| Response Period | 1 month, written yes | No response = yes |
| Proof | Agreement letter | Dispatch proof + silence |
| Tenant Risk | Possible refusal | Minimal with proper request |
| Revocable? | Only with reason | Court required |
Frequently Asked Questions for Zoetermeer
Can landlord refuse later?
No, binding. Only court revokes for fraud or non-payment. Keep everything. Consult Zoetermeer Legal Aid Office.
Must request be in writing?
Yes, otherwise no tacit effect. Use registered mail for proof.