Termination of Joint Tenancy: Rules and Procedures
Discover how to correctly terminate joint tenancy: termination procedures, role of the judge, and tips in case of disputes. Learn your rights upon termination.
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Arslan AdvocatenLegal Editorial
1 min leestijd
The termination of joint tenancy is a complex process that is strictly regulated by law in Dutch tenancy legislation. Unlike with a single tenant, none of the joint tenants can unilaterally terminate the agreement. All parties must agree to the termination, unless there are special circumstances such as death or divorce. The landlord must be informed in writing via a registered letter, with a notice period of usually one month. In case of disagreement, the sub-district court judge can be involved for a judicial decision. Important points of attention are the division of the deposit and compliance with payment obligations until the end date. In case of divorce or relationship breakdown, additional rules from the Civil Code apply, whereby the judge can decide on continuation by one party. It is advisable to engage a tenancy law attorney to prevent disputes. Do not forget that outstanding rent or damage claims trigger joint and several liability, which can lead to collection procedures. By following these steps, you avoid legal pitfalls and ensure a smooth transition.