Applying for Joint Tenancy: Step by Step
Applying for joint tenancy means that you enter into a lease agreement together with another person (for example, a partner, family member or friend). This is a legally binding agreement whereby all joint tenants are equally responsible for the rent. The procedure for applying for joint tenancy is clearly regulated, but requires careful preparation. In this article, we explain step by step how you become a joint tenant, what rights and obligations this entails, and what you need to know about the legal frameworks.
What is joint tenancy?
In joint tenancy, two or more persons enter into a lease agreement together. This is in contrast to subletting, where one person is the main tenant and the other rents part of the property. Joint tenants are all main tenants and have the same rights and obligations. This means, among other things:
- All joint tenants are liable for the rent, any damage, and other obligations under the lease agreement.
- Each joint tenant has the right to use the entire property or the entire dwelling.
- A joint tenant cannot unilaterally terminate the lease agreement without the consent of the other joint tenants.
Joint tenancy is particularly useful if, for example, you live together with a partner, but also in other situations such as students renting a house together. However, it is important to know that the responsibility for the rent is equally divided, even if one of the joint tenants, for example, has lower income.
Legal basis for joint tenancy
The rules regarding joint tenancy are laid down in the Civil Code (BW), particularly in the articles on lease agreements (Book 7, Title 3). In addition, the following regulations also play a role:
- Rent Allowance Act: If you receive rent allowance, joint tenancy may affect your right to allowance. The allowance is often calculated based on the total rent and the joint income.
- Tenants' Protection Act: This act provides additional protection to tenants, including joint tenants, in cases such as unreasonable rent increases or eviction.
- Housing Act: This act regulates, among other things, the quality requirements that a dwelling must meet. If there is damage or defects, all joint tenants are liable for this.
In addition, it is important to look at the lease agreement itself. This may contain specific provisions regarding joint tenancy, such as:
- Who exactly may become a joint tenant (for example, only partners or also friends).
- Whether a joint tenancy agreement is required (a separate contract between the joint tenants themselves).
- The procedure for terminating the lease agreement by a joint tenant.
Step by Step: Applying for Joint Tenancy
The procedure for applying for joint tenancy does not differ much from applying for a regular lease agreement, but there are some specific steps. Below you will find an overview:
- Agreement between joint tenants:
Before approaching the landlord, you must first agree among yourselves who will become a joint tenant and how the responsibilities will be divided. It is advisable to draw up a joint tenancy agreement, in which you regulate, among other things:
- Who is responsible for which costs (for example, rent, utilities, maintenance).
- What happens if one of the joint tenants wants to terminate the lease agreement.
- Who pays the rent and how this is arranged.
Tip: Have the joint tenancy agreement reviewed by a lawyer to prevent legal problems.
- Contact the landlord:
Contact the landlord (for example, a housing association, private individual or corporation) and ask if joint tenancy is possible. Not all landlords are open to joint tenancy, especially private landlords or in areas with high demand for housing.
Ask about the following matters:
- Whether the landlord allows joint tenancy.
- Whether there are specific conditions (for example, a minimum income or a fixed number of joint tenants).
- What the procedure is for applying for joint tenancy.
- Submit application:
If the landlord allows joint tenancy, you must submit a joint application. This can be via a form or a letter. In the application, you must, among other things:
- Provide the names and details of all joint tenants.