What happens to your rental property when you split up?

If your relationship has broken down, many things need to be arranged. Did you live together in a rented house? Then it is important to know what you can do with the rented property. It depends on the situation as to who is allowed to continue living in the rented property. There are various possible situations. We explain them to you below.

Tenancy agreement is in the name of one of youIf

The tenancy agreement is in the name of one of you, then the person who signed the agreement is allowed to continue to live there. Then the one who signed the contract can stay in the house and the other one has to move out. In this case the other person has no right to the property, because he is not mentioned in the rental contract. This also applies when the landlord has given permission for cohabitation and you are registered at the same address with the municipality. An exception to this is if you are in a registered partnership or are married. In that case, you are both automatically tenants with equal rights to the rental property.

Co-tenantWas

one of you initially 'single tenant' and was the other added later as co-tenant? If one of you wishes to move, the contract must be amended. We will check if the person meets our income requirement.

Rental contract is in 2 namesHave

you both signed the rental contract? Then you both have the same right to stay in the rented house. Therefore, you must decide together who will stay and who will leave. The person who leaves must be deleted from the rental contract by the landlord. The landlord must approve that only one tenant remains and an all-inclusive agreement must be signed (this is a new part of the existing tenancy agreement). As a 'single tenant' you also have to meet the financial rental conditions. If both of you do not wish to remain in the rented accommodation, you will have to terminate the rental agreement together. Then it is important that you let us know who wants to continue to live there, so that we can avoid any misunderstandings or financial risks. You can do this on the website ikhuurbijvbt.nl.