Difference Between Co-Tenancy and Subletting in Rotterdam: Legal Pitfalls

In Rotterdam, many tenants in popular districts such as Delfshaven or Kralingen confuse co-tenancy with subletting, which can have serious consequences for their housing situation. In a co-tenancy, all tenants are primary lessees with equal rights and joint and several liability; subletting involves a temporary transfer by the primary lessee to a sublessee. Subletting always requires explicit consent from the landlord (Article 7:232 of the Dutch Civil Code), and automatically terminates upon termination of the primary lease. Co-tenants in Rotterdam cannot simply leave without consequences, whereas subtenants can do so after termination. Pitfalls include: subletting without consent may lead to termination of the lease agreement, claims for damages, and in Rotterdam, often swift eviction through summary proceedings at the District Court of Rotterdam. Co-tenancy offers stronger protection of residential rights, making it ideal for long-term situations in the city's high-demand rental market. In co-tenancy, tenants are jointly liable for rent and service charges, whereas in subletting, only the primary lessee is accountable to the landlord. In Rotterdam, co-tenants may fiscally benefit from the Municipal Housing Allowance (HRA), whereas subtenants do not. Pay attention to local Rotterdam rental contracts containing clauses on subletting, strictly enforced by the municipality in cases of illegal practices in student housing or temporary living groups. Illegal subletting may result in fines and eviction. Opt for co-tenancy for equality in stable relationships, and subletting for flexibility in temporary jobs in the port or at Erasmus University.