Minors as Joint Tenants in the Netherlands
As a tenant in the Netherlands, situations can become complicated when someone under 18 is included on the rental contract or lives with a tenant. This article explains in plain language what "joint tenancy" means for minors, which rights and obligations are relevant, and what steps you can take in case of problems with the landlord, payments or housing. We cover practical situations such as lodging with parents or housemates, the role of parents or guardians, and when the Rent Tribunal or the subdistrict court may become involved.[1]
What does joint tenancy mean for minors?
Joint tenancy means a person is named on the rental contract and is often jointly responsible for the rent. For minors, the legal position can differ: sometimes parental consent or formal representation is required and in other cases the parent or guardian remains liable. The exact rules about who is legally liable are in the Dutch Civil Code Book 7 and other legal provisions.[2]
Good documentation helps in a dispute.
When can a minor be a joint tenant?
- If the landlord explicitly puts the minor on the rental contract and the terms are clear.
- With parental or guardian consent, who often also sign for financial obligations.
- When the minor independently pays (part of) the rent and this is recorded in agreements.
- In cases of occasional lodging without a contract, that person usually does not have formal joint-tenant status.
Always record agreements in writing with date and signatures.
Rights and obligations of a minor joint tenant
- Paying rent: as a joint tenant the minor may be (co)liable for payment.
- Maintenance and repairs: tenants should report defects so the landlord can fix them.
- Privacy and entry: landlords must respect privacy and usually announce inspections in advance.
- Liability: parents or guardians can in certain cases be (co)liable for damage or arrears.
Minors do not always have the same contractual rights as adults.
Practical steps in a dispute
- Gather evidence: rental contract, payment receipts, photos of defects and messages with the landlord.
- Try to resolve the issue first by speaking with the landlord or manager.
- File a complaint or request with the Rent Tribunal if it concerns rent or service charges.[1]
- For complex cases or disputes about eviction, the subdistrict court can decide.
Respond to official letters within the stated deadline to preserve your rights.
Frequently Asked Questions
- Can a 16-year-old become a joint tenant?
- Yes, but parental consent or signature is often required and the parent or guardian typically remains involved with financial obligations.
- What happens to the deposit if a minor is a joint tenant?
- The deposit is part of the rental contract; whoever is on the contract can be liable for the return of the deposit upon leaving.
- Can a landlord refuse a minor as a joint tenant?
- Landlords must not act discriminatorily, but they can ask questions about security and payment; reasonable requirements are permitted.
How-To
- Collect all relevant documents and photos of the situation.
- Speak with the landlord first and record agreements in writing.
- If discussion fails, submit a request or complaint to the Rent Tribunal for rent or service charge disputes.[1]
- Consider legal action at the subdistrict court for other disputes or eviction.
Key takeaways
- Always put important agreements in writing.
- Keep payment records and landlord communication safe.
- Verify who is legally liable: minor, parent or guardian.
Help and Support / Resources
- Rent Tribunal - information and forms
- Wetten.overheid.nl - Civil Code Book 7
- Government.nl - official tenant information
