Difference between joint tenancy and subletting: legal pitfalls
Joint tenancy vs subletting: key differences, risks and when to choose. Avoid common mistakes in tenancy law.
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Arslan AdvocatenLegal Editorial
1 min leestijd
Many tenants confuse joint tenancy with subletting, with serious consequences. In joint tenancy, all are principal tenants with equal rights and liability; subletting is a temporary transfer by the principal tenant to a subtenant. Subletting requires landlord's permission (Article 7:232 CC) and ends upon termination of the main tenancy. Joint tenants cannot simply leave, subtenants can after repayment. Pitfalls: subletting without permission leads to dissolution of the tenancy agreement and damage claims. Joint tenancy offers stronger protected enjoyment of housing, ideal for long-term living situations. In joint tenancy, joint and several payment applies, in subletting only the principal tenant vis-à-vis the landlord. Tax-wise: joint tenants share HRA benefits, subtenants do not. Always check the tenancy agreement for clauses. With illegal subletting, you risk eviction via summary proceedings. Choose joint tenancy for equality, subletting for flexibility.