Cohabitation in a Rental Property in Westland
If you are cohabiting in a rental property in the Westland region, it is essential to be aware of your legal rights and obligations. Different forms of cohabitation entail different legal consequences. Choosing the right status can protect both partners.
Types of Cohabitation Forms
| Type | Legal Position | Legal Protection |
|---|---|---|
| Joint Tenant | Equal status to main tenant | Full tenancy rights |
| Live-in Partner | No independent tenancy right | Limited rights (dependent on main tenant) |
| Married/registered partnership | Automatically joint tenant | Full tenancy rights |
Difference between Live-in and Joint Tenancy
The distinction between these two statuses is of great importance:
Live-in Partner (not joint tenant)
- No independent right to the property
- Obliged to leave if the main tenant terminates the tenancy
- No automatic continuation upon death of the tenant
- Possibility to apply for continuation within 6 months after death
Joint Tenant
- Same rights as the main tenant
- Right to continue residing upon departure of the other tenant
- Automatic tenancy continuation upon death of partner
- Consent required for tenancy termination
Application for Joint Tenancy
For unmarried cohabitants in Westland:
- At least 2 years of joint household
- Submit written application to the landlord
- Landlord decides within a period of 3 months
- Refusal only possible on statutory grounds
- In case of unreasonable refusal: submit case to the court
Landlord's Consent for Live-in
Can My Partner Move In Without Consent?
In most cases, no consent from the landlord is required for a live-in partner. For other housemates, such as friends or family, this may be different. Consult your tenancy agreement. Subletting usually requires explicit consent.
What Happens in Case of a Relationship Breakdown?
At the end of a relationship:
- Both joint tenants: Decide together who stays in the property, otherwise the court decides
- One main tenant: The main tenant retains the right to stay
- Married: The court determines who is allocated the property
Can my landlord determine who moves in with me?
No, for a life partner no consent is required. You may freely cohabit with your partner.
What if we break up and both are joint tenants?
You must decide together who continues to reside. If this is not possible, the court can rule based on factors such as children, ties to the area and financial circumstances.
My partner is not on the tenancy agreement. What in case of death?
Your partner can apply for tenancy continuation with proof of a durable household. This must be done within 6 months after death.
Frequently Asked Questions about Tenancy Law in Westland
What rights do I have as a tenant?
As a tenant, you have the right to a safe, well-maintained property, protection against unreasonable rent increases and the possibility to take action if the property is uninhabitable.
Can a landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must inform you in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The deposit must be held by the landlord in an account and repaid within 30 days after the end of the tenancy, unless damage has been found.
How do I terminate my tenancy?
Terminating the tenancy must be done in writing, observing the notice period stated in your contract.
What to do with a poorly maintained property?
Write to the landlord with a request for repair. If no action is taken, you may carry out repairs yourself and offset the costs against the rent.
Contact and Support in Westland
For legal questions about tenancy law, you can contact the Juridisch Loket Westland. For disputes, you can go to the District Court of The Hague (district).