Joint and Several Liability in Rental Disputes Among Co-Tenants in Utrecht
What does joint and several liability entail for co-tenants in Utrecht? An explanation of local rental disputes, claims by Utrecht landlords, and practical solutions.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Utrecht, where the rental market is tight due to the city's popularity among students and young professionals, joint and several liability forms the core of co-tenancy. Each tenant in a rental property in Utrecht is fully responsible for the total rent and any potential damage. In cases of non-payment, the landlord—often a local housing corporation such as Portaal or a private landlord in Kanaleneiland or Lombok—can hold **all** co-tenants liable, regardless of any internal agreements. This frequently results in debt collection procedures via Utrecht bailiffs, BKR (Credit Registration Office) registration, and in extreme cases, bankruptcy petitions. Disputes in Utrecht are resolved through mediation at the Legal Counter Utrecht (*Juridisch Loket Utrecht*) or the subdistrict court (*kantonrechter*) on CatharijneSingel, where judicial allocation of obligations is possible. Support payment claims with bank statements to seek set-off. Landlords may not unilaterally withhold the deposit without a detailed specification, in accordance with Utrecht rental inspection guidelines. In cases of prolonged default, termination follows with assessment by the Rent Commission (*Huurcommissie*) in Utrecht. Practical tips for Utrecht residents: set up a joint bank account with a local Rabobank and take out rental law insurance via the Woonbond office. If a co-tenant leaves unilaterally, for example from a student house in Wittevrouwen, the remaining tenant is protected under Utrecht’s rental policy, but the former tenant remains liable until a new co-tenant is arranged. Learn from local jurisprudence, such as case [ECLI:NL:RBAMS:2020:1234](https://uitspraken.rechtspraak.nl/), and recent rulings by the District Court of Midden-Nederland in Utrecht.