What Does Co-Tenancy Mean?
Co-tenancy means that multiple persons are jointly tenants of a dwelling in Westland. This means that all tenants have the same rights and obligations with regard to the tenancy. For spouses and registered partners, co-tenancy applies automatically, while others must apply for it.
Automatic Co-Tenancy in Westland
For spouses and registered partners, co-tenancy applies directly, even without signing the tenancy agreement:
| Relationship | Co-Tenancy | Condition |
|---|---|---|
| Spouse | Automatic | Main residence in dwelling |
| Registered partner | Automatic | Main residence in dwelling |
| Cohabiting partner | On application | At least 2 years cohabitation |
| Other housemates | On application | Lasting joint household |
How Do You Apply for Co-Tenancy?
For unmarried partners or other housemates in Westland, the following steps are required:
- Submit a written application to the landlord
- Have maintained a lasting joint household for at least 2 years
- Have main residence in the dwelling in question
- Landlord must respond within 3 months
- In case of refusal, the matter can be brought before the court
Reasons for Refusal by Landlord
A landlord in Westland may refuse co-tenancy for the following reasons:
- Insufficient financial capacity of the prospective co-tenant
- No lasting joint household
- Temporary nature of the cohabitation
- Overcrowding due to too small living space
What Rights Does a Co-Tenant Have?
In Westland, a co-tenant has the same rights as the original tenant:
- Right to remain in the dwelling if the other tenant leaves
- Protection against termination by the landlord
- Possibility to continue the tenancy upon the partner's death
- Joint decision-making on termination or modifications
Important Points to Remember
Pay Attention to This Regarding Co-Tenancy
- Joint and several liability: Both tenants are responsible for the entire rent
- Termination: A co-tenant cannot terminate on behalf of both alone
- Divorce: A court decides who may remain in the dwelling
Frequently Asked Questions about Co-Tenancy
Can my adult child become a co-tenant in Westland?
Yes, provided there is a lasting joint household and you have lived together for at least 2 years. This differs from lodging.
What if the landlord does not respond to my application?
If there is no response within 3 months, you can bring the matter before the court in Westland to enforce co-tenancy.
Is it possible to terminate co-tenancy?
Yes, this can be done by termination by the co-tenant, departure from the dwelling, or a court decision, for example in case of divorce.
Extra Questions about Tenancy Rights
What are my rights as a tenant in Westland?
As a tenant, you have the right to a safe, well-maintained dwelling, protection against unreasonable rent increases and the possibility to take action if the dwelling is not habitable.
Can a landlord just increase the rent?
No, rent increases are subject to statutory rules. The landlord must announce this in writing at least two months in advance and may not exceed the permitted limit.
What happens to my deposit?
The landlord must keep the deposit in a bank account and repay it within 30 days after termination of the tenancy, unless damage has been found.
How do I terminate my tenancy in Westland?
You can terminate the tenancy in accordance with the notice period in your contract, usually in writing and observing the agreed period.
What do I do if my dwelling has defects?
Ask the landlord in writing to carry out repairs. If this does not happen within a reasonable time, you can take action yourself and offset the costs against the rent.
Contact and Help in Westland
For legal support, you can contact Juridisch Loket Westland. In case of disputes, the Rechtbank Den Haag (district) can be involved.