Tacit Assignment in Amsterdam Tenancy Law
In Amsterdam, tacit assignment is a crucial protection in tenancy law. A landlord consents tacitly automatically to co-tenancy if he does not respond within one month to a request. This helps Amsterdammers who want to add a partner or family member to the tenancy agreement, for example when cohabiting or after the death of the main tenant, in a city with high rents and a tight housing market.
Legal Basis in Amsterdam
The provision is set out in the Dutch Civil Code Book 7 (BW), in particular Article 7:267 BW for co-tenancy. A tenant must submit a written request for a partner, family member who permanently moves in, or closely involved person. According to paragraph 3 of Article 7:267 BW, the landlord decides within one month. No response? Then co-tenancy is tacitly granted. Refusal is only permitted with a reasoned ground, such as reduced payment capacity 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 Amsterdam, where the District Court of Amsterdam (Parnassusweg 220) handles these cases, these rules prevent homelessness in the event of a relationship breakdown or death.
Consult the Juridisch Loket Amsterdam (Vijzelstraat 77) for free tailored advice.
Practice in Amsterdam
Example: You share a rental apartment in De Pijp with your partner, but only your name is on the contract. Add them for security:
- Send a written request by registered mail or email with read receipt. Provide name, date of birth, address and relationship.
- Wait one month.
- No response? Co-tenancy is granted. Prove with proof of dispatch.
Example 1: Anna and Tom rent in Oost. Anna wants to become co-tenant after job loss. Request on April 1, no response on 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, widow Fatima in West claims the tenancy right. No objection within one month: she is the main tenant.
Rights and Obligations
Co-tenant via tacit consent receives full rights: rent protection, right of use, possibility to sublet (with permission). Obligations: pay rent, prevent nuisance, cooperate with inspections.
Landlord cannot unilaterally revoke; only court in case of serious problems.
Comparison Explicit vs. Tacit
| Aspect | Explicit | Tacit |
|---|---|---|
| Decision Period | 1 month consent | No response = consent |
| Proof | Consent letter | Proof of dispatch |
| Tenant Risk | Refusal possible | Minimal |
| Revocable? | With reason | Only court |
FAQ
Can landlord refuse later?
No, binding. Court only in case of fraud or non-payment. Keep everything. Go to District Court of Amsterdam, Parnassusweg 220.
Must request be in writing?
Yes, otherwise no tacit assignment. Use registered letter. Seek help at Juridisch Loket Amsterdam, Vijzelstraat 77.