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Joint Tenancy in Cohabitation or Partnership in Amsterdam

Joint tenancy for partners in Amsterdam: automatic rules for cohabitation, application with local landlords, and protection in case of relationship breakdown. Practical guide for Amsterdammers.

2 min leestijd
In Amsterdam, where the rental market is tight and many couples cohabit in social housing from Ymere or Duurzaam Wonen Amsterdam, joint tenancy provides crucial additional protection. Partners become joint tenants automatically if they are both registered at the same address in the Personal Records Database (BRP) with the municipality of Amsterdam and have cohabited for at least two years, unless the landlord refuses on reasonable grounds such as payment arrears. This is essential in a city like Amsterdam to prevent homelessness in case of relationship breakdown, especially in neighborhoods like the Jordaan or Bijlmer. The application is processed via the official change form with your Amsterdam landlord, supported by proof of shared living expenses such as bank statements or a joint health insurance policy. Legally regulated in Article 7:268 of the Dutch Civil Code (BW), this applies to both social housing via WoningNet and the private sector in Amsterdam. In case of refusal by the landlord, you can lodge an appeal with the Rent Tribunal (Huurcommissie) in Amsterdam within six weeks, which often deals flexibly with local pressure on the housing market. Benefits include equal right to continuation of the tenancy after breakup and inheritance protection, ideal for Amsterdammers with an expat partner or temporary relationship. Drawbacks: both remain liable for rent arrears, which can weigh heavily in expensive neighborhoods like the Pijp. Specifically for expats in Amsterdam: consider a notarial cohabitation agreement with a tenancy clause, taking into account the municipality's strict rules. When having children, partners get priority for allocation of emergency housing declarations via the Housing Department (Dienst Wonen). Document everything in writing, keep emails with landlords, and consult the free legal advice clinic at the Juridisch Loket Amsterdam. In urgent cases, the district court in Amsterdam-Palmerstraat can grant interim joint tenancy.