Common Co-Tenancy Mistakes for Renters in the Netherlands
If you share a home or are a co-tenant in the Netherlands, clear communication and written agreements are essential to prevent problems with rent, maintenance or moving out. Many renters assume verbal promises, unclear task divisions or lack of evidence are sufficient, but such misunderstandings often lead to disputes about rent payment, the deposit and liability. This article explains in plain language which mistakes commonly occur in co-tenancy and which concrete steps you can take to protect your rights as a tenant and make cohabitation agreements legally stronger.
What is co-tenancy?
Co-tenancy means that two or more people jointly appear as tenants on the lease. Each co-tenant generally has the same rights and obligations towards the landlord, unless the contract states otherwise. For questions about statutory rules you can consult the Civil Code[1].
Common mistakes
- No written agreements about who pays which costs or uses which rooms.
- Leaving verbal promises without proof when moving out or in a rent dispute.
- No arrangements about the deposit and the procedure for its return.
- No plan for unexpected repairs or responsibility for maintenance.
- Relying on one co-tenant to always pay full rent without written payment agreements.
What to do instead
Put everything in writing: who pays which bill, how the deposit is split and what each person’s responsibilities are for maintenance. Keep payment receipts and communication by email or message so you have evidence in a dispute. Consider a simple cohabitation agreement that states payment obligations and practical rules. If disagreement arises about rent or service charges, you can involve the Rent Tribunal for advice and resolution[2].
Rights and obligations when moving out or in case of non-payment
If a co-tenant leaves while other tenants remain on the contract, the landlord usually remains contractually bound to the persons on the lease. That means remaining tenants may still have to pay the full rent if no new arrangement is made with the landlord. Respond quickly to arrears and try to reach an agreement before the landlord takes legal action.
FAQ
- Can I claim the deposit from a co-tenant who has left?
- You can divide the deposit according to your mutual agreement; without a written arrangement this may be more difficult and you may need to show evidence such as payment receipts and emails.
- What if one co-tenant does not pay the rent?
- The landlord can hold all co-tenants liable for the full rent. Internally you may have a claim against the non-paying co-tenant, but that often requires legal steps.
- When should you involve the Rent Tribunal?
- The Rent Tribunal handles disputes about rent levels, service charges and maintenance; for procedural questions and complaints you can consult their website[2].
How to act
- Make clear written agreements at the start about rent, deposit and maintenance.
- Keep all payment receipts and communications as evidence in a dispute.
- First try to agree on a payment plan or departure arrangement amicably.
- If discussion fails, consult the Rent Tribunal or seek legal advice through official channels.
Important points
- Always check your lease for clauses about co-tenancy and the deposit.
- Draft a simple cohabitation agreement when arrangements are unclear.
- Use email and payment apps so you have a digital record of agreements and payments.
