Applying for Co-Tenancy in Leiden - Rights and Step-by-Step Guide
Co-tenancy means that you are officially the tenant of a property together with someone else. This provides extra security, for example, in the event of the end of a relationship or the death of the main tenant.
What Does Co-Tenancy Mean?
As a co-tenant, you have the same obligations and rights as the main tenant:
- Full protection against eviction
- Right to remain in the property upon departure or death of the main tenant
- Joint and several liability for the rent
- Your own tenancy agreement upon the departure of the other
Difference between Co-Tenant and Co-Inhabitant
| Category | Co-Tenant | Co-Inhabitant |
|---|---|---|
| Status | Official tenant | Lives together, not a tenant |
| Protection | Full | Limited |
| Upon departure of main tenant | May remain | Must often leave* |
| Responsible for rent | Yes, fully | No |
*Exception for certain groups after long-term cohabitation.
Statutory Co-Tenancy
Certain persons become automatically co-tenants (Article 7:266 DCC):
- Spouse: Immediately co-tenant upon marriage
- Registered partner: Automatically co-tenant upon registration
This applies even without mention in the tenancy agreement.
Contractual Co-Tenancy
For others, an application to the landlord is required:
- Cohabiting partner (not married)
- Family members
- Housemates with a long-term, joint household
Step-by-Step Guide for Application
- Written application: Send a request to the landlord, signed by both the tenant and the prospective co-tenant
- Provide evidence: Provide information about the situation and proof of cohabitation
- Wait: The landlord must respond within a reasonable period
- In case of refusal: Proceed to the district court within 8 weeks
Criteria for Approval
The district court assesses whether:
- There is a long-term, joint household
- The candidate has cohabited with the tenant for at least 2 years
- The financial capacity is sufficient for the rent
- There are no other objections, such as nuisance
When Can the Landlord Refuse?
A landlord may refuse a request if:
- The property becomes too crowded
- The candidate has a poor payment history
- There is no durable relationship
- For social housing: the income is too high
Rights in Case of Relationship Breakdown or Death
Both Co-Tenants
- Both may remain in the property
- In case of disagreement, the court decides who stays
- Important factors: children, ties to the property, finances
In Case of Death
- The co-tenant automatically takes over the contract
- No new application required
- The landlord cannot terminate
Co-Tenancy for Social Housing in Leiden
For housing associations in Leiden, additional conditions may apply:
- Income test for all tenants
- Registration with the association is mandatory
- Possible impact on property size (affordable housing)
Practical Assistance in Leiden
For legal support, you can contact:
- District Court The Hague, Leiden Location
- Legal Aid Office Leiden, Stationsweg 46
Frequently Asked Questions
Can my child become a co-tenant?
Yes, if there is a long-term, joint household and at least 2 years of cohabitation. The landlord or court decides.
What if the landlord does not respond?
Send a reminder with a clear deadline. If no response, you can involve the district court.
Can I become a co-tenant for an elderly family member?
This is difficult if you do not actually live in the property. Caregiving alone is not grounds for co-tenancy.
Co-tenancy provides security for all involved. Submit your application in time, especially in case of changes in your personal situation.
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