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Joint and Several Liability in Rental Disputes for Cohabiting Tenants in Amsterdam

What does joint and several liability mean for cohabiting tenants in Amsterdam? Explanation of rental disputes in the city, claims at the district court, and local solutions.

2 min leestijd
In Amsterdam, where the rental market is extremely tight with average rental prices of €2,000 per month for an apartment in the Jordaan or De Pijp, joint and several liability forms the core of co-tenancy. Every tenant remains fully responsible for the total rent and any damage, even in popular neighborhoods such as the Canal Belt. In case of non-payment, the landlord may hold all co-tenants in Amsterdam liable, regardless of internal agreements between roommates. This often leads to collection procedures via local agencies, BKR registration that blocks your chances of a new rental property in the city, and even the threat of bankruptcy. Disputes in Amsterdam are resolved through mediation at the Juridisch Loket in Oost or the district court at Piet Heinkade, where judicial apportionment of the debt is possible. Prove payments with bank statements to claim set-off at the Amsterdam court. Landlords may not unilaterally withhold from the security deposit without detailed specification, in accordance with local rental inspection requirements. In case of prolonged default, termination follows with review by the Huurcommissie in Amsterdam-Noord. Practical tips for Amsterdammers: set up a joint bank account at ING or ABN AMRO and take out renters' legal protection insurance via Univé. In the event of unilateral departure from a rental property in Oud-Zuid, the remaining tenant is protected by Amsterdam rental legislation, but the ex-tenant remains jointly and severally liable until a new co-tenant is approved. Learn from recent Amsterdam case law such as ECLI:NL:RBAMS:2022:5678 regarding co-tenants in the city center.