What Happens to the Lease After Death?
If a tenant in Utrecht dies, the lease can often be transferred to the surviving partner or cohabitants. This provides protection against the risk of homelessness after the loss of a loved one.
Who May Take Over the Lease?
| Relationship | Continuation | Conditions |
|---|---|---|
| Co-tenant | Direct | No action required |
| Spouse/partner | Direct | Property as principal residence |
| Cohabiting partner | On request | Lasting relationship, request within 6 months |
| Resident child | On request | Lasting relationship, request within 6 months |
| Other housemate | On request | Lasting relationship, request within 6 months |
Direct Continuation
For co-tenants and spouses/registered partners in Utrecht:
- No request needed
- Lease continues unchanged
- Rights and obligations remain in force
- Landlord cannot refuse this
How Do You Apply for 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
What is a Lasting Joint Household?
This means:
- At least 2 years of cohabitation
- Joint financial obligations
- No temporary living situation
- Shared household
Possible Reasons for Refusal
A landlord in Utrecht may refuse continuation if:
- No lasting household can be demonstrated
- Income too low (for social housing)
- Property too large for the surviving person
What if the 6-Month Period is Missed?
Then the right to continuation normally lapses. In rare cases, a court may make an exception.
Can a Landlord Terminate the Lease After Death?
No, not without reason. If someone has a right to continuation, the landlord must honor it.
What Happens to Outstanding Rent Arrears?
Heirs are responsible for any debts of the deceased. This has no effect on the right to lease continuation.
Frequently Asked Questions about Rent in Utrecht
What are my rights as a tenant in Utrecht?
As a tenant, you have the right to safe housing, protection against unreasonable rent increases, and the option to take action if the property is uninhabitable.
Can a landlord just increase the rent?
No, rent increases are subject to 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 repaid within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my lease in Utrecht?
You can terminate the lease in accordance with the notice period in your contract, usually in writing and observing the agreed period.
What to do with a poorly maintained property?
Write to the landlord with a request for repair. If this does not happen within a reasonable time, you can have repairs carried out yourself and offset the costs against the rent.
Contact and Assistance in Utrecht
For legal support, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht