Transfer of Tenancy Rights in Amsterdam
Transfer of tenancy rights means that a tenant in Amsterdam 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) DCC. Without agreement, the original tenant remains responsible for the rent and obligations.
Legal Basis for Transfer of Tenancy Rights
The rules are set out in Book 7, Title 7 of the Dutch Civil Code. The core provision is Article 7:229 DCC: no transfer without prior written consent of the landlord. In case of violation, the landlord may terminate the tenancy and demand eviction through the court. In Amsterdam, such cases are handled by the District Court of Amsterdam, Parnassusweg 220.
Relevant articles:
- Article 7:266 DCC: Home swap, whereby landlords must provide reasonable cooperation.
- Article 7:267 DCC: Subletting, whereby the head tenant remains liable.
- Article 6:248 DCC: Reasonableness; refusal must be concretely motivated.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted for valid reasons such as payment arrears.
Differences: Transfer, Subletting and Home Swap
Overview of options in Amsterdam:
| Type | Description | Landlord's Consent | Tenant's Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full assignment of tenancy agreement | Written consent mandatory | Remains until explicit agreement |
| Subletting | Temporary subletting (art. 7:267 DCC) | Often required | Head tenant primarily responsible |
| Home swap | Swap between tenants (art. 7:266 DCC) | Reasonable cooperation mandatory | Until swap approved |
More on home swaps: Home Swap in Amsterdam: Landlord's Consent.
Conditions for Successful Transfer
In Amsterdam, the following requirements apply:
- Written request: Send details of the new tenant (income, references) to the landlord.
- Reasonable refusal: Only in cases of solvency issues, nuisance or arrears.
- Assignment agreement: Document the arrangements between the old and new tenant.
Example 1: Job Relocation
You rent in Amsterdam-South and are moving to Utrecht for work. You find a solvent replacement. After a written request and income check, the landlord gives the green light. Assignment signed: you are discharged.
Example 2: Family Life
Your child takes over your rental property in Amsterdam-North when you move to a senior housing. The landlord initially refuses due to a temporary contract. At the subdistrict court (District Court of Amsterdam), the refusal is declared unreasonable pursuant to Article 6:248 DCC.
Rights and Obligations
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonable refusal.
- Discharge after consent (Article 7:229(2) DCC).
Tenant's obligations:
- No transfer without consent.
- Pay rent until transfer.
- Provide full information on the new tenant.
Landlord: Right to screen, but must motivate and not unreasonably refuse.
Step-by-Step Procedure in Amsterdam
- Find a reliable new tenant.
- Send registered request or email with confirmation.
- Await response (no tacit consent).
- In case of refusal: objection, mediation or to the District Court of Amsterdam, Parnassusweg 220.
- Conclude assignment agreement.
- Register with the Legal Aid Office Amsterdam, Vijzelstraat 77 for free advice.
For help: visit the Legal Aid Office Amsterdam, Vijzelstraat 77.