Cohabitation in a Rental Property in Rijswijk
If you are cohabiting in a rental property in Rijswijk, it is essential to be aware of your legal status. There are various forms of cohabitation, each with specific rights and obligations. Choosing the right form can provide both partners with legal certainty.
Types of Cohabitation
| Type | Legal Position | Level of Protection |
|---|---|---|
| Co-tenant | Same rights as principal tenant | Full tenancy protection |
| Lodger partner | No independent tenancy right | Limited (dependent on principal tenant) |
| Married/registered partnership | Automatically co-tenant | Full tenancy protection |
Difference between Lodger Status and Co-Tenancy
The distinction between these two statuses is of great importance:
Lodger Partner (not co-tenant)
- No independent right to the property
- Must leave if the principal tenant terminates the tenancy
- No automatic right to continuation upon death of the tenant
- Possibility to apply for continuation within 6 months after death
Co-tenant
- Same rights as the principal tenant
- Can continue to live if the other tenant leaves
- Automatic continuation of tenancy upon death of partner
- Must consent to termination of the tenancy
Application for Co-Tenancy
For cohabitants without marriage or registered partnership:
- At least 2 years of a durable joint household
- Submit written application to the landlord
- Landlord has 3 months to respond
- Refusal only possible on statutory grounds
- In case of unjustified refusal: possibility of legal action via the court
Landlord's Consent for Lodger Status
Can My Partner Move In Without Consent?
For a life partner, landlord consent is usually not required to move in. For other housemates, such as friends or family, this may differ. Consult your tenancy agreement. Subletting generally requires explicit consent.
Relationship Breakdown and Tenancy Law
At the end of a relationship:
- Both co-tenants: Decide together who stays, otherwise the court decides
- One tenant: The principal tenant has the right to stay
- Married: The court determines who is allocated the property
Can the landlord determine who moves in with me?
No, for a life partner you have the right to cohabit without consent.
What if there is a breakdown when we are both co-tenants?
You must decide together who remains in the property. If this is not possible, the court can make a ruling based on factors such as children, local ties and financial capacity.
My partner is not on the contract. What happens upon my death?
Your partner can apply for tenancy continuation if there is a durable joint household. This must be done within 6 months after death.
Frequently Asked Questions about Tenancy Law in Rijswijk
What are my rights as a tenant in Rijswijk?
As a tenant, you have the right to a safe, habitable property, protection against unreasonable rent increases and the ability to take action if the property has defects.
Can the landlord increase the rent arbitrarily?
No, rent increases are subject to statutory rules. The landlord must announce this in writing at least 2 months in advance and may not exceed the statutory limit.
What happens to my deposit?
The deposit must be held by the landlord and repaid within 30 days after the end of the tenancy, unless damage has been identified.
How do I terminate my tenancy?
You can terminate the tenancy in accordance with the notice period in your contract, usually in writing and observing the agreed period.
What if my property is in poor condition?
Report the defects in writing to the landlord. If no action is taken, you can have repairs carried out yourself and offset the costs against the rent, provided it is reasonable.
Contact and Support in Rijswijk
For legal questions about tenancy law, you can contact the Rijswijk Legal Advice Centre. For disputes, you can go to the District Court of The Hague, under which Rijswijk falls.