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Rights and Obligations of Joint Tenants Inter Se

What rights and obligations do joint tenants have? From joint and several liability to internal agreements: everything explained.

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Joint tenants have equal rights and obligations, but tensions may arise between them due to joint and several liability. Each joint tenant may use the entire leased property, but must contribute to the rent, service charges, and utilities. In the event of non-payment by one party, the others are jointly and severally liable vis-à-vis the landlord, which causes internal settlement conflicts. It is wise to draw up a mutual agreement regarding contributions and house rules, although this is not binding on the landlord. In case of damage, everyone is responsible, unless proven otherwise. Departure of a joint tenant requires the consent of all and the landlord; otherwise, the departing tenant remains liable. In case of nuisance, a joint tenant may involve the landlord for warnings or termination. In the event of inheritance or cohabitation agreements, the status changes automatically. Always consult the lease agreement and the rent law (Book 7 of the Dutch Civil Code) for details. Professional advice helps in drawing up minutes or mediation to maintain harmony.