Tacit Assignment in Tenancy Law around Delft
In Delft and surrounding areas, tacit assignment is a crucial protection in Dutch tenancy law. Here, a landlord automatically consents to a request for co-tenancy through silence if he does not respond within one month. This helps tenants in Delft student housing or family apartments to add partners or family members, for example, when cohabiting or after the death of the main tenant.
Legal Basis in Delft
The provision is set out in Book 7 of the Dutch Civil Code (BW), in particular Article 7:267 BW for co-tenancy. A tenant in Delft can request in writing the assignment to a partner, family member who permanently moves in, or close associates. According to paragraph 3 of Article 7:267 BW, the landlord must decide within one month. No response? Then it is tacitly granted. Refusal is only permitted with motivated reasons, such as solvency issues 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 Delft, under the jurisdiction of the District Court of The Hague (district), this protects against homelessness.
These rules prevent unreasonable refusals, relevant for Delft tenants via the Juridisch Loket Delft.
Practice in Delft
Example: You share a rented property in Delft with your partner, but only your name is on it. Steps:
- Send a written request by registered mail or email with read receipt. State name, date of birth, address and relationship.
- Wait one month.
- No response? Co-tenancy is granted. Prove with dispatch documents.
Example 1: Students Tom and Sara rent together in Delft. Tom is the main tenant. Sara wants to become co-tenant after job loss. Request on 1 January, no response on 1 February: from 2 February, Sara is co-tenant. Landlord can no longer refuse.
Example 2: After the death of her partner on 15 March in Delft, widow Anna claims the tenancy right. No response within one month: she is automatically the main tenant.
Rights and Obligations
As co-tenant via tacit assignment, you receive full rights:
- Rent protection (termination difficult).
- Use of the property and subletting (with permission).
- Responsible for rent and maintenance.
Obligations:
- Pay rent on time (jointly).
- No nuisance or damage.
- Cooperate with inspections.
Landlord cannot unilaterally revoke; only court in serious cases, via District Court of The Hague.
Comparison Explicit vs. Tacit Assignment
| Aspect | Explicit Assignment | Tacit Assignment |
|---|---|---|
| Decision Period | 1 month, written yes | No response in 1 month = yes |
| Proof | Agreement letter | Dispatch proof + silence |
| Tenant Risk | Refusal possible | Minimal with correct application |
| Revocable? | With reason | Only via court |
Frequently Asked Questions
Can landlord refuse later in Delft?
No, binding. Court (District Court of The Hague) can revoke in case of fraud or non-payment. Keep everything; consult Juridisch Loket Delft.
Must request be in writing?
Yes, oral does not count. Use registered letter for proof. In doubt: Juridisch Loket Delft or Huurteam.