Applying for Co-Tenancy in Zoetermeer - Steps and Rights
Co-tenancy means that you are officially the tenant of a property in Zoetermeer together with someone else. This provides extra security, for example in the event of a relationship breakdown or the death of the main tenant.
What Does Co-Tenancy Mean?
As a co-tenant, you have the same responsibilities and rights as the main tenant:
- Full protection against eviction
- Right to remain in the property after the main tenant leaves or dies
- Joint and several liability for rent payment
- Your own tenancy agreement upon departure of the other tenant
Difference with Co-Inhabitant
| Category | Co-Tenant | Co-Inhabitant |
|---|---|---|
| Status | Official tenant | Lives together, not a tenant |
| Protection | Full | Limited |
| Upon departure of main tenant | May continue to live there | Must often leave* |
| Responsible for rent | Yes, fully | No |
*Exception in specific protected situations after long-term cohabitation.
Statutory Co-Tenancy
Certain persons become automatically co-tenants (Article 7:266 of the Dutch Civil Code):
- Spouse: Immediately co-tenant upon marriage
- Registered partner: Immediately co-tenant upon registration
This also applies 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, shared household
Step-by-Step Plan 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
- Await response: The landlord must respond within a reasonable period
- In case of refusal: Proceed to the district court in The Hague within 8 weeks
Conditions for Approval
The court assesses, among other things:
- Whether there is a long-term shared household
- Whether the prospective co-tenant has been cohabiting with the tenant for at least 2 years
- Whether the financial capacity is sufficient for the rent
- Whether there are no other obstacles (e.g., nuisance)
When Can the Landlord Refuse?
A landlord may refuse a request if:
- The property would become overcrowded
- The prospective co-tenant has had payment problems
- There is no durable relationship
- For social housing: the income exceeds the threshold
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 tenancy agreement
- No new application required
- The landlord cannot terminate
Co-Tenancy for Social Housing in Zoetermeer
Housing associations in Zoetermeer may have additional rules:
- Income check for both tenants
- Mandatory registration with the housing association
- Possible adjustment to property size (appropriate housing)
Practical Questions
Can my child become a co-tenant?
Yes, if there is a durable household and at least 2 years of cohabitation. This is assessed by the landlord or the court.
What if the landlord does not respond?
Send a reminder with a deadline. If no response, you can go to the district court in The Hague.
Can I become a co-tenant of an elderly parent?
This is difficult if you do not actually live together. Caregiving alone is not sufficient for co-tenancy.
Co-tenancy provides stability for all involved. Submit your application in time, especially in case of changes in your situation. For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer.