Applying for Co-Tenancy in Utrecht - Rights and Step-by-Step Guide
Co-tenancy means that you are officially registered as a tenant of a property together with another person. This provides extra security, for example, at the end of a relationship or upon the death of the principal tenant.
What Does Co-Tenancy Mean?
A co-tenant shares the same rights and responsibilities as the principal tenant:
- Full protection against eviction
- Right to remain in the property after the principal tenant leaves or dies
- Joint and several liability for rent payment
- Own tenancy agreement upon departure of the other tenant
Difference Between Co-Tenant and Co-Inhabitant
| Characteristic | Co-Tenant | Co-Inhabitant |
|---|---|---|
| Status | Official tenant | Lives together, not a tenant |
| Tenancy protection | Full | Limited |
| Upon departure of principal tenant | May continue living | Must often leave* |
| Responsible for rent | Yes, fully | No |
*Exception for certain groups after long-term cohabitation.
Statutory Co-Tenancy
Certain persons become automatically co-tenants (Article 7:266 DCC):
- 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 joint household
Step-by-Step Guide for Application in Utrecht
- Written application: Send a request to the landlord, signed by both parties
- Provide evidence: Submit information about the relationship and duration of cohabitation
- Wait: The landlord must respond within a reasonable period
- In case of refusal: Proceed to the district court within 8 weeks, for example at the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
Conditions for Approval
The court assesses whether:
- There is a long-term joint household
- The candidate has cohabited with the tenant for at least 2 years
- The financial capacity is sufficient for the rent
- There is no nuisance or other issues
Reasons for Refusal by Landlord
A landlord may refuse a request if:
- The property becomes too crowded
- The candidate has had payment problems
- There is no durable relationship
- For social housing: income exceeds the threshold
Rights in Case of Relationship Breakdown or Death
In Case of Divorce
- Both co-tenants may remain living
- In case of disagreement, the court decides who keeps the property
- Important factors: children, ties to the property, income
In Case of Death
- The co-tenant automatically takes over the contract
- No new application required
- The landlord cannot terminate the tenancy
Co-Tenancy for Social Housing in Utrecht
For housing associations in Utrecht, additional conditions apply:
- Income test for all tenants
- Mandatory registration with the association
- Possible adjustment of property size (appropriate housing)
Practical Questions
Can my child become a co-tenant?
Yes, if there is a durable household and at least 2 years of cohabitation. The landlord or court decides.
What if the landlord does not respond?
Send a reminder with a clear deadline. If no response, proceed to the district court in Utrecht.
Can I become a co-tenant of an elderly family member?
This is difficult if you do not live in the property. Caregiving alone is not grounds for co-tenancy.
Co-tenancy provides stability for all involved. Apply in time to prevent problems. For legal advice, contact the Juridisch Loket Utrecht, Catharijnesingel 55.