Many expats do not only move to the Netherlands, but also bring their partner or family with them. Often, the question arises: does the partner also have tenant rights? And what happens if the rental contract is solely on the name of the expat?

The rental lawyers of Arslan Advocates explain what co-tenancy means, when a partner or family member becomes entitled to tenant protection and how expats can arrange this properly.

What is co-tenancy?

Co-tenancy means that someone else becomes a legal tenant alongside the main tenant. This gives the same rights and responsibilities, such as:

• Right to tenant protection.

• Liability for rent payment.

• Right to remain in the dwelling if the relationship ends or the main tenant dies.

When can a partner become a co-tenant?

1. Automatically upon marriage or registered partnership.

   • The partner automatically becomes a co-tenant, even if the contract is only on one name.

2. With permission of the landlord when cohabiting.

   • in case of a lasting relationship and shared living expenses, a partner can become a co-tenant after at least 2 years of cohabitation.

3. Via the court if the landlord refuses.

   • The court can grant co-tenancy if there is a lasting 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 the 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 together with his partner. When he returned abroad, his partner could enforce co-tenancy to stay in the home.

• Family in Den Haag: had issues because only the expat had signed the contract. After legal steps, the partner still obtained co-tenant rights.

• International student in Rotterdam: wanted his partner to be recognized as a co-tenant. The landlord refused, but the court ruled in favor of the partner.

Checklist for expats for co-tenancy

• 📑 Check whether the rental contract is in both names.

• 💍 In case of marriage or registered partnership: automatic co-tenancy.

• 🏠 When cohabiting: ask for 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, in case of marriage or registered partnership. No in case of cohabitation without formal registration.

2. Can the landlord refuse to make my partner a co-tenant?
Yes, but in case of a lasting relationship, you can obtain co-tenancy via the court.

3. What if I return to my home country, can my partner stay?
Yes, if your partner is a co-tenant, they can stay in the dwelling.

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 provide partners and families with security. Arrange this properly, so your family does not end up without a home upon return or unforeseen circumstances.

The rental lawyers of Arslan Advocates assist expats in applying for or enforcing co-tenancy, even if the landlord refuses.