What Happens to the Tenancy after Death?
If a tenant passes away, the law often provides the surviving partner or co-residents with the opportunity to continue the tenancy. This ensures they do not immediately lose their home after a tragic loss.
Who Has the Right to Continuation of the Tenancy?
| Person | Continuation | Conditions |
|---|---|---|
| Co-tenant | Automatic | No action required |
| Spouse/partner | Automatic | Property as principal residence |
| Cohabiting partner | On request | Lasting joint household, request within 6 months |
| Resident child | On request | Lasting joint household, request within 6 months |
| Other housemates | On request | Lasting joint household, request within 6 months |
Automatic Tenancy Continuation
For co-tenants and spouses or registered partners, the following applies:
- No request needed
- The tenancy continues unchanged
- Rights and obligations remain in force
- Landlord cannot refuse this
How Do I Apply for Tenancy Continuation?
Step-by-Step Plan
- Submit a written request within 6 months after death
- Prove a lasting joint household
- Landlord must respond within 8 weeks
- In case of refusal: go to court, such as the District Court of The Hague
What Does Lasting Joint Household Mean?
This is understood to mean:
- At least 2 years of cohabitation at the same address
- Joint financial responsibilities
- No temporary living arrangement
- Shared household
Possible Reasons for Refusal
A landlord may refuse continuation if:
- There was no lasting joint household
- The income is too low (for social housing)
- The property is too large for the survivor
What if the 6-Month Period Has Expired?
If the application period has expired, the right to continuation normally lapses. However, in exceptional circumstances, a court may make an exception.
Can a Landlord Terminate the Tenancy after Death?
No, not without reason. If someone has the right to continuation, the landlord must accept it.
What Happens to the Deceased's Rental Arrears?
Heirs are responsible for any rental arrears. This is separate from the right to tenancy continuation.
Frequently Asked Questions about Tenancy in Westland
What are my rights as a tenant in Westland?
As a tenant, you have the right to a safe home, protection against unlawful rent increases, and the ability to take action if the property is uninhabitable.
Can a landlord just increase the rent?
No, rent increases must comply with statutory rules. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The deposit must be kept by the landlord in an account and refunded within 30 days after the end of the tenancy, unless damage has been found.
How can I terminate my tenancy?
You can terminate the tenancy in accordance with the notice period in your contract, usually in writing and observing the agreed period.
What do I do if the property is in poor condition?
First write to the landlord requesting repairs. If no action is taken within a reasonable time, you can have repairs carried out yourself and offset the costs against the rent.
Contact and Assistance in Westland
For legal support, you can contact the Juridisch Loket Westland. In case of disputes, a case can be brought before the District Court of The Hague.