Applying for Co-Tenancy in Rijswijk - Steps and Rights
Co-tenancy means that you are officially the tenant of a property in Rijswijk together with someone else. This provides extra security, for example in the event of the end of a relationship or the death of the main tenant.
What Does Co-Tenancy Mean?
As a co-tenant, you have the same rights and obligations as the main tenant:
- Full protection under the rent protection rules
- Right to remain in the property upon departure or death of the main tenant
- Joint and several liability for the rent
- Your own tenancy agreement if the other tenant leaves
Difference Between Co-Tenant and Co-Inhabitant
| Category | Co-Tenant | Co-Inhabitant |
|---|---|---|
| Status | Recognised tenant | Lives together, not a tenant |
| Rent protection | Full | Limited |
| Upon departure of main tenant | Right to remain | Usually must leave* |
| Responsibility for rent | Yes, full | No |
*Exception for certain groups after long-term cohabitation.
Statutory Co-Tenancy
Under Article 7:266 of the Dutch Civil Code (BW), certain persons automatically become co-tenants:
- Spouses: Immediately co-tenant upon marriage
- Registered partners: Automatically co-tenant upon registration
This applies even without mention in the tenancy agreement.
Contractual Co-Tenancy
For others, an application to the landlord is required:
- Cohabiting partners (not married)
- Family members
- Housemates with a long-term, shared household
Step-by-Step Application Process in Rijswijk
- Written application: Send a request to the landlord, signed by both parties
- Provide evidence: Give details on who, why and proof of cohabitation
- Await response: The landlord must respond within a reasonable period
- In case of refusal: Proceed to the sub-district court in The Hague within 8 weeks
Criteria for Approval
The judge in The Hague assesses whether:
- There is a long-term, shared household
- The prospective co-tenant has lived together with the tenant for at least 2 years
- The financial capacity is sufficient for the rent
- There are no other issues, such as nuisance
When Can the Landlord Refuse?
A landlord may refuse a request if:
- The property would become overcrowded
- The prospective co-tenant has had payment problems
- There is no durable relationship
- For social housing: income exceeds the threshold
Rights Upon Relationship Breakdown or Death
Both Co-Tenants
- Both may remain in the property
- In case of disagreement, the judge decides who stays
- Relevant factors: children, ties to the property, finances
Upon Death
- The co-tenant automatically takes over the contract
- No new application required
- The landlord cannot terminate the tenancy
Co-Tenancy and Social Housing in Rijswijk
Housing associations in Rijswijk may have additional conditions:
- Income check for both tenants
- Registration with the association mandatory
- Impact on property size due to allocation rules
Practical Questions
Can my child become a co-tenant?
Yes, if there is a durable household and at least 2 years of cohabitation. This is assessed by the landlord or judge.
What if the landlord does not respond?
Send a reminder with a deadline. If no response, proceed to the sub-district court in The Hague.
Can I become a co-tenant of a parent?
This is difficult if you do not actually live together. Caregiving alone does not qualify for co-tenancy.
Co-tenancy provides security for all involved. Submit your application in a timely manner, especially in case of changes in your situation. For legal advice, contact the Juridisch Loket Rijswijk.