Tacit Assignment in Rotterdam Tenancy Law
In Rotterdam, tacit assignment is a crucial protection in 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 the port city to add partners or family to the tenancy agreement, for example when cohabiting in an apartment along the Maas or after the death of the principal tenant.
Legal Basis in Rotterdam
The rule is laid down in Book 7 of the Dutch Civil Code, in particular Article 7:267 DCC for co-tenancy. A tenant in Rotterdam can request in writing the assignment to a partner, family member who moves in long-term, or close relative. According to paragraph 3 of Article 7:267 DCC, the landlord must respond within one month. No response? Then co-tenancy is deemed granted by tacit consent. Refusal is only possible with good reasons, such as financial risks to the household or behavioural issues.
In the event of death, Article 7:268 DCC applies: the partner automatically becomes the principal tenant, unless the landlord objects within one month. In Rotterdam tenancy cases at the District Court of Rotterdam, Wilhelminaplein 100-125, this is strictly enforced to prevent homelessness, especially in busy neighbourhoods like Delfshaven or Feijenoord.
This protection is essential in Rotterdam, where the rental market is tight and quick action is needed.
Step-by-Step Guide for Rotterdam Tenants
Do you want to add a partner to your rental property in Rotterdam? 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 response? Co-tenancy is granted. Prove it with proof of sending and receipt. In case of doubt: consult the Legal Aid Office Rotterdam, Westblaak 180.
Example 1: Ahmed and Fatima rent in Rotterdam-South. Ahmed is the principal tenant. Fatima wants to become co-tenant after job loss. Request on 1 June, no response on 1 July. From 2 July, she is co-tenant. Landlord objects later: too late.
Example 2: After the death of her partner on 10 April in a Kralingen flat, Nadia claims the tenancy right. Landlord remains silent for a month. Nadia is now the principal tenant.
Rights and Obligations in Practice
Through tacit assignment, the co-tenant in Rotterdam obtains full rights:
- Tenancy protection against termination.
- Use and subletting (with permission).
- Obligation to pay rent and maintain the property.
Obligations:
- Timely rent payment (together with principal tenant).
- No nuisance or damage to the property.
- Cooperation during inspections.
Landlords cannot revoke this at will; only the court decides in case of serious problems.
Table: Explicit vs. Tacit in Rotterdam
| Aspect | Explicit Assignment | Tacit Assignment |
|---|---|---|
| Response Period | 1 month, written yes | No response = yes |
| Proof | Agreement letter | Proof of sending without response |
| Risk | Possible refusal | Minimal with correct procedure |
| Revocation | With reason | Only via District Court of Rotterdam |
FAQ for Rotterdam
Can landlord refuse later?
No, binding. Only revocable via District Court of Rotterdam in case of fraud or non-payment. Keep everything!
Must request be in writing?
Yes, oral does not count. Use registered letter for proof. Help via Legal Aid Office Rotterdam, Westblaak 180.