Difference between joint tenancy and subletting in Westland: legal pitfalls for greenhouse workers and growers
Joint tenancy vs subletting in Westland: key differences, risks for greenhouse employees and when to choose. Avoid mistakes in rental law around Naaldwijk and Monster.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, the Dutch glasshouse horticulture centre with districts such as Naaldwijk, Monster and Kwintsheul, many tenants – often seasonal workers in greenhouses – confuse joint tenancy with subletting, with serious consequences for their temporary housing. In joint tenancy, all are principal tenants with equal rights and joint and several liability; subletting is a temporary transfer by the principal tenant to a subtenant. Subletting requires explicit permission from the lessor (article 7:232 CC) and ends automatically upon termination of the main lease, which is common in Westland among flexible workers. Joint tenants cannot simply leave without consequences, whereas subtenants can after the agreement expires. Pitfalls specific to Westland: subletting without permission leads to dissolution of the lease agreement, damage claims and swift eviction via summary proceedings at the court in The Hague. Local lessors, such as at growers' companies in Poeldijk, check strictly due to high pressure on the housing market. Joint tenancy offers stronger protected enjoyment of housing, ideal for long-term living situations near the greenhouses in Honselersdijk. In joint tenancy, joint and several liability applies for rent and service charges; in subletting, only the principal tenant is liable to the lessor. Tax advantage: joint tenants can share homeowner's mortgage interest deduction benefits, subtenants cannot – relevant for Polish and Bulgarian workers in Westland. Always check the lease agreement for clauses on subletting, especially with private lessors in the municipality. With illegal subletting, you risk immediate eviction and fines. Choose joint tenancy for equality and stability in your Westland living situation, subletting for short-term flexibility during the harvest season.