What Does Co-Tenancy Mean?
Co-tenancy means that multiple individuals are jointly tenants of a dwelling in Utrecht. This gives all involved parties the same rights and responsibilities with regard to the tenancy agreement. For spouses and registered partners, co-tenancy applies automatically, while others must apply for it with the landlord.
Automatic Co-Tenancy in Utrecht
For spouses and registered partners, co-tenancy is granted directly, even without signing the tenancy agreement:
| Relationship | Co-Tenancy Status | Condition |
|---|---|---|
| Spouse | Automatic | Principal residence in the dwelling |
| Registered partner | Automatic | Principal residence in the dwelling |
| Cohabiting partner | Application required | At least 2 years cohabitation |
| Other housemates | Application required | Lasting joint household |
How Do You Apply for Co-Tenancy?
For unmarried partners or other housemates in Utrecht, the following steps apply:
- Submit a written request to the landlord
- Have maintained a lasting joint household for at least 2 years
- Have principal residence in the dwelling in question
- The landlord must respond within 3 months
- In case of refusal, you can bring proceedings before the court
Reasons for Refusal by the Landlord
A landlord in Utrecht may refuse co-tenancy for the following reasons:
- Insufficient financial capacity of the prospective co-tenant
- No proof of a lasting joint household
- Temporary nature of the cohabitation
- Overcrowding due to insufficient space in the dwelling
Rights of Co-Tenants in Utrecht
A co-tenant in Utrecht has the same rights as the original tenant:
- Right to remain in the dwelling if the other tenant leaves
- Tenant protection against actions by the landlord
- Continuation of the tenancy upon the partner's death
- Joint decision-making regarding termination or amendments to the contract
Important Points to Remember
Pay Attention to This Regarding Co-Tenancy
- Joint and several liability: Both tenants are responsible for the full rent
- Termination: A co-tenant cannot terminate on behalf of both alone
- Divorce: In case of divorce, the court decides who remains in the dwelling
Frequently Asked Questions about Co-Tenancy in Utrecht
Can I make my adult child a co-tenant?
Yes, provided there is a lasting joint household and you have lived together for at least 2 years. This differs from lodging.
What if the landlord does not respond to my application?
If the landlord does not respond within 3 months, you can go to court to enforce co-tenancy, for example at the District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
Can co-tenancy be terminated?
Yes, this can be done by termination by the co-tenant, departure from the dwelling, or a court decision, for example in case of divorce.