What Does Co-Tenancy Mean?
Co-tenancy means that multiple persons are jointly tenants of a dwelling. This means that all involved parties have the same rights and responsibilities with regard to the tenancy. For spouses and registered partners, this applies automatically, but others must apply for it explicitly.
Automatic Right to Co-Tenancy
For spouses and registered partners, co-tenancy applies directly, even without signing the tenancy agreement:
| Relationship | Co-Tenancy Status | Condition |
|---|---|---|
| Spouse | Automatic | Principal residence in the dwelling |
| Registered partner | Automatic | Principal residence in the dwelling |
| Cohabiting partner | Application required | At least 2 years cohabitation |
| Other housemates | Application required | Long-term joint household |
Procedure for Applying for Co-Tenancy
For unmarried partners or other housemates in Zoetermeer, the following steps apply:
- Submit a written application to the landlord
- Have conducted a joint household for at least 2 years
- Have the dwelling as principal residence
- Landlord must respond within 3 months
- In case of refusal: submit the case to the court
Reasons for Refusal by Landlord
A landlord in Zoetermeer may refuse co-tenancy for the following reasons:
- Insufficient financial capacity of the applicant
- No durable joint household
- Temporary nature of the cohabitation
- Overcrowding due to too small living space
Rights as Co-Tenant
A co-tenant enjoys the same privileges as the principal tenant:
- Right to continue residing in the event of departure of the other tenant
- Protection against unreasonable actions by the landlord
- Continuation of the tenancy upon death of the partner
- Input on termination or contract amendments
Important Considerations
Pay Attention to This in Co-Tenancy
- Joint and several liability: Both parties are responsible for the entire rent
- Termination: A single co-tenant cannot terminate unilaterally for everyone
- Divorce: The court decides who may remain in the dwelling
Frequently Asked Questions in Zoetermeer
Can I make my adult child a co-tenant?
Yes, provided there is a long-term joint household and at least 2 years of cohabitation. This differs from lodging.
What if the landlord does not respond to my application?
If the landlord does not respond within 3 months, you can submit the case to the District Court of The Hague.
Is termination of co-tenancy possible?
Yes, this can be done by own termination, departure from the dwelling or a court decision, for example in case of divorce.
Extra Frequently Asked Questions
What are my tenant rights in Zoetermeer?
As a tenant, you have the right to a safe, well-maintained dwelling, protection against unreasonable rent increases and the option to take action if the dwelling is uninhabitable.
Can a landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must notify this in writing at least 2 months in advance and may not exceed the statutory limit.
What happens to my deposit?
The landlord must keep the deposit in an account and repay it within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy in Zoetermeer?
You can terminate the tenancy in accordance with the notice period in your contract, usually in writing via the landlord.
What to do with a poorly maintained dwelling?
Write to the landlord with a request for repair. If no action follows within a reasonable time, you can have repairs carried out yourself and offset the costs against the rent.
Contact and Support in Zoetermeer
For legal assistance, you can go to the Juridisch Loket Zoetermeer. In case of disputes, a case can be submitted to the District Court of The Hague.