Joint and Several Liability in Rental Disputes for Cohabiting Tenants in Westland
What does joint and several liability mean for cohabiting tenants in Westland? Explanation of local rental disputes, claims against Westland landlords, and practical solutions.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, with its greenhouse complexes and agricultural rental properties in places such as Naaldwijk, Monster, and Kwintsheul, joint and several liability is crucial for cohabiting tenants. Each tenant remains fully responsible for the total rent and any damage, even for seasonal workers in horticulture. In case of non-payment, a local landlord, such as cooperatives or private owners, may hold all cohabiting tenants liable, regardless of agreements between Polish or Bulgarian workers. This often results in collection procedures via Westland bailiffs, BKR registration, and in extreme cases bankruptcy. Disputes in the region are resolved through mediation at the Juridisch Loket in The Hague or the district court in Rotterdam, where judicial allocation of obligations is possible. Prove payments with bank statements to claim set-off from the court. Landlords in Westland may not unilaterally deduct from the security deposit without detailed specification, in accordance with local rental practices. In case of prolonged default, termination follows with review by the Huurcommissie, taking into account the Westland housing shortage. Practical tips for cohabiting tenants: set up a joint bank account for rent payments and take out a tenancy law insurance policy via regional advisors. In the event of unilateral departure of a cohabiting tenant, for example after the harvest season, the remaining tenant is protected by tenancy law, but the former tenant remains liable until a new cohabiting tenant is found. Learn from relevant case law such as ECLI:NL:RBAMS:2020:1234 and local cases at the Rotterdam District Court regarding Westland rental agreements.