Tacit Assignment in Tenancy Law in Tilburg
In Tilburg, tacit assignment is a crucial provision in Dutch tenancy law. A landlord automatically consents tacitly to a request for co-tenancy if he does not respond within one month. This protects tenants in Tilburg who wish to add a partner or family member to the tenancy agreement, for example, when cohabiting or after the death of the principal tenant. Tenancy disputes in Tilburg are often handled at the District Court of Zeeland-West-Brabant, Wilhelminapark 100.
Legal Basis of Tacit Assignment
The provision is set out in Book 7 of the Dutch Civil Code (BW), particularly in the articles on the lease of residential accommodation in Tilburg and surrounding areas. Central to this is Article 7:267 BW, which regulates co-tenancy. A tenant must submit a written request for assignment to a partner, family member who permanently moves in, or closely involved person.
Paragraph 3 of Article 7:267 BW requires the landlord to decide within one month. No response? Then co-tenancy is tacitly granted. Refusal is only permitted for a motivated reason, such as financial risks to the household or nuisance caused by the candidate.
In the event of death, Article 7:268 BW applies: the partner automatically becomes the principal tenant, unless the landlord objects within one month. In Tilburg, the Juridisch Loket Tilburg, Spoorlaan 364 provides assistance in such cases.
This protection prevents homelessness in cases of relationship breakdowns or deaths in rented properties in Tilburg.
Tacit Assignment in Tilburg Practice
Example: you share a rental home in Tilburg's city centre with your partner, but only your name is on the contract. Add your partner for security:
- Send a written request by registered mail or email with read receipt to the landlord. Provide name, date of birth, address, and relationship.
- Wait one month for a response.
- No response? Co-tenancy is granted, proven by dispatch evidence.
Tilburg Practice Example 1: Pieter and Sophie have been renting an apartment on Heuvelstraat for three years. Pieter is the principal tenant. Sophie wants to become co-tenant after job loss. Request on 1 April, no response by 1 May. From 2 May, Sophie is co-tenant. Later refusal by the landlord fails.
Tilburg Practice Example 2: After her partner's death on 10 June, Anneke claims the rental property in Westermarkt. Landlord remains silent for a month. Anneke is principal tenant.
Rights and Obligations after Tacit Assignment in Tilburg
As co-tenant, you enjoy full rights:
- Tenancy protection (termination difficult).
- Use and subletting (with permission).
- Responsibility for rent and maintenance.
Obligations:
- Pay rent on time (jointly).
- Do not cause nuisance or damage.
- Cooperate with inspections.
The landlord cannot unilaterally revoke this; only via the court in cases of serious problems, such as at the District Court in Wilhelminapark 100.
Comparison: Explicit vs. Tacit Assignment
| Aspect | Explicit Assignment | Tacit Assignment |
|---|---|---|
| Landlord's Decision Period | Within 1 month, written consent | No response within 1 month = consent |
| Proof | Consent declaration | Dispatch proof + no response |
| Risk for Tenant | Refusal possible | Low, if correctly requested |
| Revocable? | Only with reason | Not without court |
Frequently Asked Questions about Tilburg
Can the landlord refuse after tacit assignment?
No, it is binding. Only the court can revoke it in cases of fraud or non-payment. Keep correspondence and consult Juridisch Loket Spoorlaan 364.
What if the request is not in writing?
No tacit assignment. Written form is mandatory for proof. Use registered mail.