Article 7:268 Dutch Civil Code
If a tenant of a dwelling dies, the co-tenant continues the tenancy agreement. It may be that the co-tenant cannot afford the rent on their own. Regardless of what is stipulated in the tenancy agreement, the co-tenant may terminate the tenancy agreement within six calendar months after the death of their co-tenant.
A person who has had a durable shared household with the deceased and who has their principal residence in the dwelling may also continue the tenancy agreement. In principle, this is only for six calendar months. After that, the landlord must give permission for this. If the landlord does not give that permission, substitute permission may be requested from the court. However, this request must be submitted to the court within six calendar months after the death.
If there are no persons who continue the tenancy, the tenancy agreement will in any event terminate by operation of law two calendar months after the death of the tenant.
Do you have a question about what to do in the event of the death of a tenant? Or would you like other legal advice? Please feel free to contact us. We will be glad to help you.
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