Cohabitation in a Rental Property in Leiden
If you are cohabiting in a rental property in Leiden, it is essential to be aware of your legal status. There are various forms of cohabitation, each with specific rights and obligations. Choosing the right form can protect both partners.
Types of Cohabitation
| Type | Legal Position | Level of Protection |
|---|---|---|
| Joint Tenant | Equal status to main tenant | Full tenancy rights |
| Lodger Partner | No independent tenancy right | Limited (dependent on main tenant) |
| Married/registered partnership | Automatically joint tenant | Full tenancy rights |
Difference between Lodging and Joint Tenancy
The distinction between these two is of great importance:
Lodger Partner (not joint tenant)
- No independent right to the property
- Must leave if the main tenant terminates the tenancy
- No automatic right to continuation upon death of the tenant
- Option: apply for continuation within 6 months after death
Joint Tenant
- Same rights as the main tenant
- Can continue to live if the other tenant leaves
- Automatic tenancy continuation upon death of the partner
- Must consent to tenancy termination
Applying for Joint Tenancy in Leiden
For unmarried cohabitants, the following steps apply:
- Maintain a joint household for at least 2 years
- Submit a written request to the landlord
- Landlord has 3 months to respond
- Refusal only possible on statutory grounds
- In case of unreasonable refusal: submit the case to the court
Consent for Lodging
Can My Partner Move In Without Consent?
For a partner, permission from the landlord is usually not required. For other lodgers, such as friends or family, this may be different. Consult your tenancy agreement. Subletting often requires explicit permission.
Relationship Breakdown and Tenancy Law
At the end of a relationship:
- Both joint tenants: Agree mutually who stays, otherwise the court decides
- One main tenant: The main tenant retains the right to the property
- Married: The court determines who gets the property
Does the landlord have a say over who lives with me?
No, for your life partner you do not need to ask permission. You may freely cohabit with your partner.
What if we break up and both are joint tenants?
You must decide together who remains in the property. If this is not possible, the court can make a ruling based on factors such as children, ties to the neighbourhood, and finances.
My partner is not on the contract. What happens upon my death?
Your partner can apply for tenancy continuation if there was a durable joint household. This must be done within 6 months after your death.
Frequently Asked Questions about Tenancy Law in Leiden
What are my rights as a tenant in Leiden?
As a tenant, you have the right to a safe, well-maintained property, protection against unreasonable rent increases, and the ability to take action if the property is uninhabitable.
Can the landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must inform you in writing at least 2 months in advance and may not increase the rent above the statutory limit.
What happens to my deposit?
The deposit must be deposited by the landlord into an account and refunded within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy in Leiden?
You can terminate the tenancy in accordance with the notice period in your contract. This generally must be done in writing.
What if my property has defects?
Request the landlord in writing to carry out repairs. If this does not happen within a reasonable period, you may have repairs done yourself and offset the costs against the rent.
Legal Assistance in Leiden
For advice, you can go to the Juridisch Loket Leiden, located at Stationsweg 46. For court cases regarding tenancy issues, you can go to the Rechtbank Den Haag, Leiden location.