Joint and Several Liability in Rental Disputes with Co-Tenants

Joint and several liability is the core of co-tenancy: each tenant is fully responsible for the total rent and damages. In case of non-payment, the landlord may pursue all co-tenants, regardless of internal agreements. This often leads to debt collection, BKR registration, and even bankruptcy. Disputes are resolved through mediation or the cantonal court, where judicial division is possible. Prove payments with bank statements to claim set-off. Landlords may not unilaterally deduct from the deposit without specification. In case of prolonged default, termination follows with Huurcommissie review. Tips: set up a joint bank account and take out tenant law insurance. Upon unilateral departure, the remaining tenant is protected, but the ex-tenant remains liable until a new co-tenant. Learn from case law such as ECLI:NL:RBAMS:2020:1234.