What Does Co-Tenancy Mean?
Co-tenancy means that two or more persons are jointly tenants of a dwelling in Rijswijk. This means that all tenants have the same rights and responsibilities with regard to the tenancy. For spouses and registered partners, co-tenancy is automatic, but for others it must be explicitly applied for.
Automatic Right to Co-Tenancy
For spouses and registered partners, they automatically become co-tenants, even without a signature on the tenancy agreement:
| Relationship | Co-Tenancy | Condition |
|---|---|---|
| Spouse | Automatic | Main residence in the dwelling |
| Registered partner | Automatic | Main residence in the dwelling |
| Cohabiting partner | On application | At least 2 years cohabitation |
| Other housemate | On application | Lasting joint household |
How Do You Apply for Co-Tenancy?
For unmarried partners or other housemates in Rijswijk, the following steps are required:
- Submit a written request to the landlord
- Have conducted a lasting joint household for at least 2 years
- Have the dwelling as main residence
- The landlord must respond within 3 months
- In case of refusal, you can go to court
Reasons for Refusal by Landlord
A landlord in Rijswijk may only 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
Rights of a Co-Tenant
A co-tenant in Rijswijk has identical rights to the principal tenant:
- Right to remain in the dwelling if the other tenant leaves
- Tenant protection against the landlord
- Possibility to continue the tenancy after the partner's death
- Joint decision-making on termination or contract changes
Important Points to Know
Important Considerations for 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: The court decides who may remain in the dwelling
Frequently Asked Questions about Co-Tenancy
Can I make my adult child a co-tenant?
Yes, provided there is a lasting household and at least 2 years of cohabitation. This differs from lodging.
What if the landlord does not respond to my application?
If the landlord in Rijswijk does not respond within 3 months, you can go to court to enforce co-tenancy via the District Court of The Hague.
Is it possible to terminate co-tenancy?
Yes, this can be done by own termination, leaving the dwelling, or a court decision, for example in case of divorce.
Extra Frequently Asked Questions
What are my tenant rights in Rijswijk?
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 increase the rent just like that?
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 permitted limit.
What happens to my deposit?
The deposit must be kept by the landlord in an account and repaid within 30 days after termination of the tenancy, unless damage has been found.
How do I terminate my tenancy in Rijswijk?
You can terminate the tenancy according to the notice period in your contract, usually in writing via the landlord.
What to do with a poorly maintained dwelling?
Write to the landlord with a request for repair. If no action follows within a reasonable time, you can carry out the repair yourself and offset the costs against the rent.
Contact: For legal advice, you can go to the Juridisch Loket Rijswijk or the District Court of The Hague (district).