Tacit Assignment in Tenancy Law around Leiden
In Leiden and surrounding areas, tacit assignment is a crucial protection in Dutch tenancy law. A landlord consents by silence automatically to co-tenancy if he does not respond within one month to a request. This helps tenants in student cities like Leiden to add partners or family to the tenancy agreement, for example when cohabiting or after the death of the main tenant.
Legal Basis in Leiden
The rule is set out in Book 7 of the Dutch Civil Code (BW), in particular Article 7:267 BW for co-tenancy. A tenant must submit a written request for a partner, family member who moves in long-term, or close relative. According to paragraph 3 of Article 7:267 BW, the landlord must decide within one month. No response? Then co-tenancy is tacitly granted. Refusal is only permitted with good reasons, such as payment problems or nuisance.
In the event of death, Article 7:268 BW applies: the partner automatically becomes the main tenant, unless the landlord objects within one month. In Leiden, where there are many rental properties, this prevents homelessness in cases of relationship breakdown or death. Disputes are handled by the District Court of The Hague, Leiden Location.
Step-by-Step Plan for Leiden
Do you want to add a partner to a rental property in Leiden? Follow these steps:
- Send a written request by registered mail or email with read receipt to your landlord. Provide name, date of birth, address and relationship.
- Wait one month for a response.
- No response? Co-tenancy is granted. Prove it with dispatch receipts. In case of doubt: consult Juridisch Loket Leiden, Stationsweg 46.
Example 1: Students Anna and Tom rent in the centre of Leiden. Only Anna is on the contract. Tom wants to become co-tenant after his internship. Request on 1 April, no response by 1 May: from 2 May Tom is co-tenant. Landlord can no longer refuse.
Example 2: After the death of her partner on 10 May, Ellen remains in their rental home in Leiden-Noord. No objection from landlord within one month: she is now the main tenant.
Rights and Obligations
Through tacit assignment, as co-tenant you receive full rights:
- Tenancy protection against termination.
- Use of the property (subject to conditions).
- Responsibility for rent and damage.
Obligations:
- Pay rent on time.
- Do not cause nuisance.
- Cooperate with inspections.
The landlord cannot revoke this at will; only through the court in case of serious problems.
Table: Explicit vs. Tacit
| Aspect | Explicit Assignment | Tacit Assignment |
|---|---|---|
| Decision Period | 1 month, consent required | No response = consent |
| Proof | Written consent | Dispatch proof without response |
| Risk | Possible refusal | Minimal with correct application |
| Revocation | With reason | Only by court |
FAQ Leiden
Can landlord refuse later?
No, it is binding. Only the court can revoke in case of fraud or non-payment. Keep everything. Go to District Court of The Hague, Leiden Location in case of conflict.
Must request be in writing?
Yes, oral does not count. Use registered letter for proof. Free advice hours at Juridisch Loket Leiden, Stationsweg 46.