Tacit Assignment in Tenancy Law in The Hague
In The Hague, tacit assignment is a crucial protection in Dutch tenancy law. A landlord consents automatically through silence to co-tenancy if he does not respond within one month to a request. This helps tenants in the region, such as in Schilderswijk or Zeeheldenbuurt, to add partners or family to the tenancy agreement, for example when cohabiting or after death.
Legal Basis in The Hague
The rule is set out in the Dutch Civil Code Book 7, in particular Article 7:267 DCC for co-tenancy. A tenant must submit a written request for a partner, family member moving in long-term, or closely involved person. Per paragraph 3 of Article 7:267 DCC, the landlord decides within one month; no response means tacit approval. Refusal requires a valid reason, such as financial risks or behavioral issues.
In the event of death, Article 7:268 DCC applies: the partner becomes the main tenant automatically, unless objection within one month. In The Hague, where the District Court of The Hague (Prins Clauslaan 60) handles these cases, these rules prevent homelessness.
Consult the Juridisch Loket The Hague (Lutherse Burgwal 10) for free advice.
Practice in The Hague
Example: You rent in the Hague Binckhorst and want to add your partner. Steps:
- Send a written request by registered mail or email with confirmation, including details of the candidate.
- Wait one month.
- No response? Co-tenancy is granted, proven by proof of dispatch.
Example 1: Ahmed and Fatima rent in Transvaalwijk. Ahmed is the main tenant. Fatima's income drops; request on April 1, no response by May 1. From May 2, she is co-tenant. Landlord can no longer refuse.
Example 2: After the death of her partner on June 10 in a Hague apartment, widow Aisha claims the tenancy right. No objection within one month: automatically main tenant.
Rights and Obligations
Co-tenant via tacit consent receives full rights: rent protection, right of use, maintenance obligation. Obligations: pay rent, no nuisance, cooperate with inspections. Undoing only via court in case of serious issues.
Comparison Explicit vs. Tacit
| Aspect | Explicit | Tacit |
|---|---|---|
| Response Period | 1 month consent | No response = consent |
| Proof | Consent letter | Proof of dispatch |
| Tenant Risk | Refusal possible | Minimal |
| Revocable? | With reason | Only court |
Frequently Asked Questions The Hague
Can landlord refuse later?
No, binding. Court (District Court of The Hague, Prins Clauslaan 60) only in case of fraud. Keep everything.
Must request be in writing?
Yes, otherwise no tacit consent. Use registered mail or email with read receipt. Seek help from Juridisch Loket The Hague (Lutherse Burgwal 10).