Tenancy continuation after tenant death in the Netherlands
If a tenant dies, questions arise about who can continue the tenancy agreement and what rights co-tenants, occupants and heirs have in the Netherlands. This article explains step by step what actions you can take, which deadlines apply and when the landlord may terminate the tenancy. We cover practical actions such as notifying the landlord, keeping proof of rent payments and involving the Rent Tribunal or district court. Language is accessible and aimed at tenants without a legal background; difficult terms are explained. At the end you will find a how-to, frequently asked questions and official links to laws and agencies for further action.
What to do after a death
Immediately after the death it is important to clarify who stays in the home and whether someone wants or can take over the tenancy. Notify the landlord in writing and keep proof of sending. Check the tenancy agreement for specific provisions and consult Book 7 of the Civil Code for the main rules on tenancy and termination[1].
- Submit a written notification to the landlord with the name and contact details of the person who will remain.
- Keep evidence of rent payments, bank statements and relevant correspondence as supporting documents.
- Ensure ongoing rent payments are arranged or make clear agreements about payments among those involved.
- Consider assistance from the Rent Tribunal or district court if there is disagreement about continuation or the rent level[2].
Rights differ for co-tenants, housemates without a tenancy agreement and heirs. Co-tenants often have stronger grounds to continue the tenancy, while occupants or family must first determine whether they are legally entitled to take over the contract. If in doubt, consult official sources or legal advice.
Frequently Asked Questions
- Can a co-tenant continue the tenancy?
- A registered co-tenant can usually continue the tenancy agreement, depending on the contract and the arrangements with the landlord.
- What should an heir do when the tenant dies?
- Heirs should contact the landlord, decide whether someone will stay living there and arrange any settlement of belongings and rent.
- When can the landlord terminate the tenancy after a death?
- A landlord can in certain circumstances terminate the tenancy, but must respect statutory notice periods and grounds as described in Book 7 of the Civil Code[1].
How-To
- Notify the landlord in writing and note the date of sending.
- Gather evidence: payment records, correspondence and any photos of the situation.
- Discuss with co-tenants or heirs who will stay and who will take over the arrangements.
- Seek help from the Rent Tribunal or legal advice if there is disagreement or uncertainty[2].
