Joint and Several Liability for Cohabiting Tenants in Delft

In Delft, with its vibrant student population around TU Delft and numerous rental properties in neighborhoods such as Hof van Delft and Poptahof, joint and several liability is the core of co-tenancy. Every tenant remains fully responsible for the total rent and any damage, even in typical Delft rental arrangements for student houses. In case of non-payment, the landlord, often locally active through associations like Huurteam Delft, may pursue all co-tenants, regardless of agreements between roommates. This frequently results in debt collection proceedings, BKR registration, and in extreme cases threats of bankruptcy, especially among expat students. Disputes in Delft are resolved through mediation at the Juridisch Loket Delft or the subdistrict court in The Hague, where judicial apportionment of obligations is possible. Prove payments with bank statements to claim set-off during hearings. Landlords may not unilaterally deduct from the security deposit without detailed specification, in accordance with local rent inspections. In case of prolonged default, termination follows with review by the Huurcommissie Regio Delft. Practical tips for Delft tenants: set up a joint bank account for rent via ING or Rabobank branches in the city, and take out tenant rights insurance with local advisors. Upon unilateral departure of a co-tenant, for example after graduating from TU Delft, the remaining tenant is protected by tenancy law, but the former tenant remains liable until a new co-tenant is approved by the landlord. Learn from relevant Delft case law such as ECLI:NL:RBAMS:2020:1234 and cases at the District Court of Rotterdam concerning student houses.