Rights and Obligations of Cohabiting Tenants Inter Se in Delft
What rights and obligations do cohabiting tenants have in Delft? From joint liability to internal agreements in the context of the local rental market: everything explained.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Delft, where the rental market is under pressure due to the TU Delft and many students, cohabiting tenants have equal rights and obligations vis-à-vis the landlord. Every cohabiting tenant may use the entire leased object, such as a student house on Phoenixstraat or in the Poptahof neighbourhood, but must contribute to the rent, service charges and utilities such as gas and electricity. Due to the high demand for housing in Delft, joint and several liability often leads to tensions among cohabiting tenants, especially if a student suddenly leaves for an internship. In the event of non-payment by one party, the others are jointly and severally liable vis-à-vis the landlord, which causes internal conflicts over settlement. It is advisable to draw up a mutual agreement on contributions, cleaning schedules and house rules, although this is not binding on the landlord. In the event of damage to the property, for example due to a party in a typical Delft canal house, all cohabiting tenants are responsible, unless someone proves otherwise. The departure of a cohabiting tenant requires the consent of all housemates and the landlord; otherwise, the departing tenant remains liable for the remaining rental period. In Delft, nuisance, such as noise nuisance from student rooms, may lead to intervention by the landlord or even the municipality via the Huurteam Delft for warnings or termination. In the event of inheritance, cohabitation agreements or a registered partnership, the tenancy status changes automatically. Always check the tenancy document, the local rental policy of the Municipality of Delft and Book 7 of the Civil Code (BW) for specific rules. For tenants in Delft, it is recommended to seek professional advice from the Juridisch Loket Delft or a mediator to maintain harmony in the house and prevent disputes.