Huurdersvereniging Zwartewaterwiede

Lease contract in name and joint tenancy

Rental contract in name
It often happens that people have been running a joint household for years, but that the rental contract is only in the name of 1 person.

This can cause difficulties if the person whose name is on the rental contract dies prematurely.

At that time you must be able to demonstrate that you have been running a joint household for years.

You can prevent this by having the rental contract put in both names.

You must contact Wetland Wonen for this.


The rental contract is usually in the name of one of them.

The person on the lease is then the tenant. In principle, the other does not: he therefore has no rights and obligations towards the lessor.

No, you cannot just put a different name on a rental contract. You need permission from the landlord for this. The landlord has an agreement with the person who is regarded as the tenant. 

About tenancy and co-tenancy

(The website of Wetland Wonen contains the following information)


What does co-tenancy mean?

As a co-tenant, you have the rights and obligations that come with the tenancy agreement. It means, among other things, that you:

  • rent protection gets;
  • You are jointly liable for the rent payment and;
  • You are jointly responsible for returning the property in its original state upon termination of the lease.

You make the decision to become a co-tenant together with the main tenant. This person must agree to the joint tenancy.


When can you become a co-tenant?

In the event of a marriage or registered partnership, the main tenant's partner will have the rights and obligations of the co-tenant. We ask you to inform us yourself, and to share the marriage certificate with us.

In other situations, the following conditions must be met to become a co-tenant:

  • The main tenant submits the application to us via our website or the enclosed form;
  • The future co-tenant has used the house as a main residence for at least two consecutive years. You can demonstrate this with an extract - with housing history - from the basic administration of the municipality;
  • There is a sustainable communal household. The residents must have the intention of continuing to live together permanently;
  • The house remains appropriate. This means that the co-tenant must meet the conditions that apply to the home. For example: someone younger than 55 years old cannot become a co-tenant in a senior housing. The income must also be appropriate in relation to the rent of the house;
  • The main tenant and/or the future co-tenant have no rent arrears;
  • Cohabitation may not lead to overcrowding;
  • No nuisance has been caused since living together.


We will reject the request if:

  • A breakup is the reason;
  • If the main tenant wants to leave the house and wants to pass on the tenancy rights to a co-occupant;
  • If an adult child lives with the parents. After all, the cohabitation of parent(s) and child is of an expiring nature. Applying for joint tenancy is possible if the resident child is 35 years or older and has never left the parental home.


Apply for joint tenancy

If you meet the aforementioned conditions, you can apply for co-tenancy via the website.

We will assess your application for joint tenancy and inform the main tenant of the outcome.
If the request is rejected, only the main tenant can object by letter or e-mail.



Rent a house together

If you live with a main tenant, you are a co-occupant. You are not yet a co-tenant. When the main tenant moves, co-tenants cannot continue to live in the house, but a co-tenant can. A co-tenant has the same rights and obligations as the main tenant. This means that you are jointly liable for any rent arrears. And you share the responsibility for any changes or damage to the property. Do you want to terminate the rental agreement? Then that is only possible if you both cancel the rent. Below you can read more about co-tenancy and how you can become a co-tenant.


A co-tenant is someone who:

  • Lives with the main tenant and;
  • Run a household together with him or her and;
  • Recognized by us as a co-tenant. This is recorded in our administration if you have applied for co-tenancy and have been approved by us.


Death of the (co-)tenant

Has your partner or family member passed away and did he or she live in one of our homes?

First of all we wish you strength with your loss. We are happy to help you arrange some practical matters in the following situations:


  1. Was the deceased the main tenant and were you married or did you have a registered partnership? In that case, as a co-tenant who stayed behind, you automatically become the main tenant according to the law. You must report this to us. You can do this by sending us a letter containing your details and a copy of the death certificate or obituary.


  1. Was the deceased the main tenant and did you live together without marriage or registered partnership? Then you can continue to live in the house for another six months and submit a request to us to become the main tenant. There are some conditions attached to this:
  • you must have had the house as your main residence for at least two years. You can demonstrate this with an extract - with residential history - from the basic administration of your municipality (Basic Registration of Persons);
  • you must have run a sustainable common household together;
  • you must be able to pay the rent independently;
  • your income must match the requested rent.


  1. Was the deceased the main tenant and did he/she live with an adult child? Even then, the person left behind can continue to live in the house for another six months and submit a request to us to become the main tenant. The same conditions apply as described above. We are not obliged to agree to the request to become the main tenant.


  1. Was the deceased a co-tenant? Then nothing will change for you. We do appreciate being notified of this.