Many expats do not move to the Netherlands alone, but take their partner or family with them. The question often arises: Does the partner also have tenancy rights? And what happens if the rental contract is only in the name of the expat?
The tenancy law lawyers of Arslan Lawyers explain what co-tenancy means when a partner or family member is entitled to rental protection and how expats can arrange this properly.
What is co-tenancy?
Co-tenancy means that someone else becomes a legal tenant in addition to the main tenant. This gives the same rights and obligations, such as:
Right to rental protection.
Liability for payment of the rent.
Right to remain in the home upon termination of the relationship or death of the main tenant.
When can a partner become a co-tenant?
Automatically in the event of marriage or registered partnership.
The partner automatically becomes a co-tenant, even if the contract is only in one name state.
With the landlord's permission in the case of cohabitation.
With a long-term relationship and a shared household, a partner can become a co-tenant after at least 2 years of cohabitation.
Through the court if the landlord refuses.
The judge can grant co-tenancy if there is a lasting relationship. relationship.
Why is co-tenancy important for expats?
Continuity for family: the partner can stay in the home if the expat leaves or dies.
Protection against landlord: the landlord cannot simply evict one party.
Equal rights: both partners are responsible for the rent and have a say.
Practical examples
Expat in Amsterdam: had a rental contract in his own name, but lived with his partner. When he returned abroad, his partner was able to enforce co-tenancy to stay in the home.
Family in The Hague: ran into problems because only the expat had signed the contract. After legal action, the partner was still given co-tenancy rights.
International student in Rotterdam: wanted his partner to be recognized as a co-tenant. The landlord refused, but the judge ruled in favor of the partner.
Checklist for expats with co-tenancy
📑 Check whether the rental contract is in both names.
💍 In case of marriage or registered partnership: automatic co-tenancy.
🏠 In case of cohabitation: ask permission for co-tenancy.
⚖️ In case of refusal: go to court with the help of a lawyer.
Frequently asked questions (FAQ)
1. Does my partner automatically become a co-tenant as an expat?
Yes, upon marriage or registered partnership. Not if you live together without formal registration.
2. Can the landlord refuse to make my partner a co-tenant?
Yes, but in a long-term relationship you can still obtain co-tenancy through the court.
3. What if I return to my home country, can my partner stay?
Yes, if your partner is a co-tenant, he/she can stay in the home.
4. Does this also apply to children?
Children cannot independently become co-tenants, but they can continue to live as long as the parent is a tenant or co-tenant.
Conclusion
For expats, co-tenancy is essential to offer partners and families security. Arrange this well, so that your family does not find itself without a home upon return or unexpected circumstances.
The tenancy law lawyers of Arslan Lawyers help expats apply for or enforce co-tenancy, even if the landlord refuses.