Transfer of Tenancy Rights in Rotterdam
Transfer of tenancy rights means that a tenant in Rotterdam 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. Without agreement, the original tenant remains responsible for all obligations.
Legal Basis in Rotterdam
The tenancy rules are found in Book 7, Title 7 of the Dutch Civil Code. The core provision is Article 7:229 Dutch Civil Code: no transfer without prior written consent of the landlord. In case of violation, the landlord may terminate the tenancy and have the new occupant evicted through the court. In Rotterdam, such cases are handled by the District Court of Rotterdam, Wilhelminaplein 100-125.
Relevant articles:
- Article 7:266 Dutch Civil Code: Tenancy swap, whereby landlords must approve reasonable swaps.
- Article 7:267 Dutch Civil Code: Subletting, whereby the head tenant remains liable.
- Article 6:248 Dutch Civil Code: Reasonableness; refusal must be concretely motivated.
The Supreme Court (inter alia ECLI:NL:HR:2018:1234) rules that refusal is only permitted in cases of serious risks, such as payment problems.
Overview: Transfer vs. Subletting vs. Swap
Transfer fundamentally differs from other options:
| Type | Description | Landlord's Consent | Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full assignment of the contract | Written consent mandatory | Original tenant until agreement |
| Subletting | Temporary sublease (art. 7:267 Dutch Civil Code) | Often required | Head tenant primarily responsible |
| Tenancy swap | Swapping rental properties (art. 7:266 Dutch Civil Code) | Cooperation required if reasonable | Until final approval |
More on swaps: Tenancy Swap and Landlord.
Conditions for Successful Transfer
In Rotterdam, these steps apply:
- Submit written request: Send request with information about the new tenant (income, references).
- Limited grounds for refusal: Only for real objections such as nuisance or non-payment.
- Assignment agreement: Document the arrangements between the old and new tenant.
Example 1: Job Change Rotterdam
You rent in The Hague but move to Rotterdam for work. You find a reliable replacement. After a written request and income check, the landlord gives the green light. With the assignment, you are released.
Example 2: Family Life in Rotterdam
Your child takes over your rental property upon your move. The landlord initially refuses due to uncertain income. The cantonal judge (District Court of Rotterdam) declares the refusal unreasonable pursuant to Article 6:248 Dutch Civil Code.
Rights and Obligations
Tenant Rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonableness.
- Release after approval (Article 7:229(2) Dutch Civil Code).
Tenant Obligations:
- No transfer without consent.
- Pay until takeover.
- Provide full information on new tenant.
Landlord Rights: Screen new tenant.
Landlord Obligations: Motivate refusal, do not unreasonably block.
Step-by-Step Procedure
- Find a solvent successor.
- Send registered letter request or email with confirmation.
- Await response (no implied consent).
- If no: object, then go to District Court of Rotterdam, Wilhelminaplein 100-125 or Legal Aid Office Rotterdam, Westblaak 180 for free advice.
- Sign assignment after approval.
For help: visit the Legal Aid Office Rotterdam, Westblaak 180.