When two or more people rent a home together and later decide to separate, they can ask the court to assign the tenancy to one of them. Zoë Ris from GMW lawyers explains the different types of co-tenancy in the Netherlands and how the separation rules work.

Co-tenancy

Co-tenancy means that two or more people share full responsibility for the rental agreement. In other words, they are both equally responsible for paying the rent and following the terms of the contract.

Dutch law recognises two types of co-tenancy: legal co-tenancy and contractual co-tenancy.

Legal co-tenancy

You automatically become a legal co-tenant if you marry or register a partnership with someone who is already renting a home, and you live there together.

People who are not married or in a registered partnership can also become co-tenants if they live in the property and have had a shared, sustainable household for at least two years. They can ask the landlord to approve the co-tenancy. If the landlord refuses, they can take the matter to court and ask a judge to approve the co-tenancy.

Contractual co-tenancy

Contractual co-tenants sign the rental agreement together from the start. In this case, everyone listed on the contract is equally responsible for it. The tenancy can only be ended if all co-tenants agree.

For legal co-tenants

When legal co-tenants separate, they can ask the court to assign the rental agreement to one of them. If the court agrees, the person who moves out is no longer responsible for the rent or any other obligations under the contract.

This rule is designed to protect people who no longer live in the property from being tied to a tenancy agreement after their relationship has ended.

For contractual co-tenants

Although the law does not provide a similar rule for contractual co-tenants, various Dutch courts have ruled that they should receive the same protection. This means they too can ask the court to award the tenancy to one person after separation.

If the court approves, the departing tenant is released from their part of the contract.

Recent case law provides that if contractual co-tenants reach an agreement between themselves on who stays and who leaves, they do not necessarily need to go to court – an agreement may be enough, as long as certain conditions are met.

Would you like to know more about how the separation rules apply to your situation? Please feel free to contact GMW lawyers, — they will be happy to help.