Joint and Several Liability in Rental Disputes for Co-Tenants in Rotterdam
What does joint and several liability mean for co-tenants in Rotterdam? Explanation of rental disputes, claims, and solutions specific to the port city.
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Arslan AdvocatenLegal Editorial
2 min leestijd
Joint and several liability forms the core of co-tenancy in Rotterdam: each tenant is fully responsible for the total rent and any potential damage. In cases of non-payment, the landlord in the Rotterdam rental market may pursue all co-tenants, regardless of internal agreements between roommates in districts such as Delfshaven or Kralingen. This often leads to debt collection procedures via local bailiffs, BKR (Credit Registration Office) registration, and in extreme cases, bankruptcy. Disputes in Rotterdam are resolved through mediation at the Legal Counter Rotterdam (Juridisch Loket Rotterdam) or the subdistrict court at Coolsingel, where judicial allocation of obligations is possible. Provide proof of payments with bank statements to claim set-off at the Rotterdam court. Landlords, often from housing corporations such as Woonbron or Vestia, may not unilaterally withhold the deposit without detailed specification. In cases of prolonged default, termination follows with assessment by the Rent Commission in Rotterdam. Practical tips for Rotterdam residents: set up a joint bank account for rent and take out rental law insurance via local providers. If a co-tenant leaves unilaterally, the remaining tenant is protected under Rotterdam tenancy law, but the former tenant remains liable until a new co-tenant is approved by the landlord. Learn from recent Rotterdam case law, such as ECLI:NL:RBROT:2022:5678 concerning co-tenants in the harbor district.