Rights and Obligations of Joint Tenants Inter Se in Amsterdam
What rights and obligations do joint tenants have in Amsterdam? From joint and several liability to internal agreements in the city: everything explained with local rental rules.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Amsterdam, joint tenants have equal rights and obligations vis-à-vis the landlord, but conflicts may arise between them due to the tight rental market and high living costs. Each joint tenant may use the entire leased object, such as an apartment in the Jordaan or Oost, but must contribute to rent, service charges and utilities. In the event of non-payment by one party, the others are jointly and severally liable towards the landlord, which often leads to internal disputes over cost allocation. It is advisable to draw up a mutual agreement on contributions, cleaning schedules and house rules, although these are not binding on the landlord. In Amsterdam, the Huurcommissie pays extra attention to such agreements in disputes. In case of damage to the property, everyone bears responsibility, unless it is proven that one person is at fault. Departure of a joint tenant requires unanimous consent of all joint tenants and permission from the landlord; without this, the departing tenant remains liable, even in case of succession via Pararius or Funda. In case of nuisance, such as noise nuisance in a canal house, a joint tenant can involve the landlord or the municipality of Amsterdam for warnings or termination via the Huurteam Amsterdam. In case of inheritance or registered partnership, the tenancy status changes automatically pursuant to Book 7 of the Dutch Civil Code (BW). Specifically in Amsterdam, stricter rules apply to room rental under the Housing Ordinance, whereby joint tenants are often regarded as 'rooms'. Always consult your tenancy agreement, the Amsterdam rental laws and the Huurcommissie for details. Professional advice from the Juridisch Loket Amsterdam or a rental agent helps with minutes, mediation or preventing forced evictions.