Rights and Obligations of Joint Tenants Inter Se in Westland
What rights and obligations do joint tenants have in Westland? From joint and several liability to local house rules in greenhouse complexes and horticultural dwellings: everything explained.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, joint tenants, often horticulturalists or greenhouse employees in places such as Naaldwijk, Monster or Kwintsheul, have equal rights and obligations vis-à-vis the lessor. Tensions may arise between them due to joint and several liability, especially in seasonal tenancies in glasshouse horticulture areas. Each joint tenant is entitled to use the entire leased object, such as a dwelling adjacent to a greenhouse in Honselersdijk, but must contribute to the rent, service charges and utilities such as gas for heating. In the event of non-payment by one party, for example due to temporary unemployment in the horticultural cycles, the others are jointly and severally liable vis-à-vis the lessor, which leads to internal conflicts regarding settlement. It is advisable to draw up a mutual agreement regarding contributions, cleaning of greenhouse spaces and house rules, although such agreement is not binding on the lessor. In the event of damage, such as caused by equipment in a horticultural business dwelling, everyone is responsible, unless proven otherwise. Departure of a joint tenant, for example after the harvest season, requires the consent of all joint tenants and the lessor; otherwise, the departing tenant remains liable for the remaining period. In the event of nuisance, such as noise nuisance from greenhouses in Poeldijk, a joint tenant may involve the lessor for warnings or termination via the local Rent Tribunal in Westland. In the case of inheritance or cohabitation agreements, common in family businesses in the region, the tenancy status changes automatically. Always consult the tenancy agreement, the Rent Act (Book 7 of the Dutch Civil Code) and local Westland lessors' guidelines for details. Professional advice from a lawyer in The Hague or mediation via the Westland Legal Advice Centre assists with minutes or dispute resolution to maintain harmony in the dwelling.