What Does Co-Tenancy Entail?
Co-tenancy means that multiple individuals are jointly tenants of a property. This implies that all parties involved have the same rights and obligations regarding the tenancy. For married couples and registered partners, this applies automatically, while others must apply for it.
Automatic Right to Co-Tenancy
Spouses and registered partners automatically become co-tenants, even if they have not signed the rental agreement:
| Relationship | Co-Tenancy | Condition |
|---|---|---|
| Spouse | Automatic | Main residence in the property |
| Registered partner | Automatic | Main residence in the property |
| Cohabiting partner | Upon application | Minimum of 2 years of cohabitation |
| Other housemates | Upon application | Sustainable joint household |
How to Apply for Co-Tenancy?
For unmarried partners and other housemates, the following steps are required:
- Submit a written request to the landlord
- Maintain a sustainable joint household for at least 2 years
- Have the property as the main residence
- The landlord must respond within 3 months
- In case of refusal, you can take the matter to court
Reasons for Refusal by the Landlord
A landlord can refuse co-tenancy for the following reasons:
- Insufficient financial capacity of the prospective co-tenant
- No sustainable joint household
- Temporary nature of the cohabitation
- Overcrowding due to insufficient living space
Rights of a Co-Tenant
A co-tenant enjoys the same rights as the original tenant:
- Right to remain in the property if the other tenant leaves
- Protection against termination by the landlord
- Continuation of the tenancy in the event of the partner's death
- Co-determination regarding termination or modifications
Important Considerations
Key Points Regarding Co-Tenancy
- Joint and several liability: Both tenants are fully responsible for the rent
- Termination: A single co-tenant cannot independently terminate the tenancy for both
- Divorce: A court decides who may remain in the property
Frequently Asked Questions About Co-Tenancy in Leiden
Can I make my adult child a co-tenant?
Yes, provided there is a sustainable joint household and you have lived together for at least 2 years. This differs from ordinary co-residence.
What if the landlord does not respond to my application?
If there is no response within 3 months, you can take the matter to court to enforce co-tenancy.
Is it possible to terminate co-tenancy?
Yes, this can be done by termination by the co-tenant, leaving the property, or a court ruling, for example, in the case of divorce.
General Tenancy Questions
What are my rights as a tenant in Leiden?
As a tenant, you are entitled to a safe and well-maintained property, protection against unreasonable rent increases, and the ability to take action if the property is uninhabitable.
Can a landlord increase the rent arbitrarily?
No, rent increases are subject to legal regulations. The landlord must announce this in writing at least two months in advance and may not increase the rent above the legal maximum.
What happens to my deposit?
The deposit must be placed in an account by the landlord and refunded within 30 days after the end of the tenancy, unless damage has been identified.
How do I terminate my tenancy?
You can terminate the tenancy by observing the notice period specified in your contract, usually in writing.
What should I do if my property has defects?
You can request the landlord in writing to carry out repairs. If this is not done within a reasonable period, you can arrange repairs yourself and offset the costs against the rent.
Contact and Assistance in Leiden
For legal support, you can contact:
- District Court of The Hague, Leiden Location
- Legal Counter Leiden, Stationsweg 46