When cohabiting partners move in together, questions often arise about how to handle the rental agreement. This is particularly relevant if one partner already lives in a dwelling or if you are signing a new, joint rental contract. Understanding the rules surrounding rental agreements for cohabiting partners is crucial to avoid future conflicts.

Basics of Rental Agreements for Cohabiting Partners

A rental agreement is legally binding and governs the relationship between the landlord and the tenant(s). For cohabiting partners, there are specific aspects to consider, especially in light of the Cohabitation Relations Act (Sambolagen), which regulates the relationship between partners who live or have lived together in a shared home.

Who Signs the Rental Contract?

The most common scenario is for both partners to be listed as joint tenants on the contract. This grants both equal rights and responsibilities towards the landlord. If only one partner is on the contract, the other may lack formal rights to the dwelling, even after living there together for an extended period. Therefore, signing a joint rental contract is strongly recommended.

What Happens if One Partner Moves Out?

If one partner moves out and both are on the contract, you need to agree on who will stay and continue paying the rent. Often, a transfer of the tenancy is required, which the landlord must approve. If you cannot reach an agreement, the landlord may terminate the contract. If only one partner is on the contract and that person moves out, the agreement typically ceases to be valid for the remaining partner, unless the landlord agrees to a new transfer.

Can You Have Separate Rental Agreements?

It is entirely possible to have separate rental agreements even if you are cohabiting partners, for instance, if you each rent a room in a larger dwelling or have different types of housing. However, the most common situation for cohabiting partners is sharing a dwelling and thus having a joint rental agreement.

The Cohabitation Relations Act's Impact on Tenancy Rights

The Cohabitation Relations Act is also relevant for rental agreements. The law states that cohabiting partners have a right to the shared dwelling upon separation, provided the dwelling is considered cohabitation property (samboegendom). Cohabitation property is assets acquired for joint use. In a separation, the partner who needs the dwelling the most may have the right to claim it in the division of assets, even if the other partner owns or rents it. However, this does not apply if the tenancy is personal and cannot be transferred.

Rights for a Partner in a Tenancy

If you are cohabiting and your partner holds the tenancy, you have certain protections under the Cohabitation Relations Act. In case of separation, you might have the right to take over the rental agreement if the dwelling is considered cohabitation property and you need it the most. It's important to remember that the landlord's approval is often necessary for a formal transfer. Partner rights in tenancy can be complex, and seeking legal advice may be prudent.

Signing a Rental Contract as a Partner: Key Points

When signing a rental contract as cohabiting partners, ensure that:

Both names are on the contract.
All terms are clear, including rent, deposit, and notice period.
You understand the implications of a potential separation.

A clearly written contract minimizes the risk of misunderstandings.

Can a Partner Be Forced to Move Out?

If both partners are on the rental agreement and one wishes to move out, the other can stay if the landlord approves. If both decide to move out, or if no one can take over the contract, the landlord can terminate it. If only one partner is on the contract and that person terminates it, the other partner might be forced to move if no agreement is reached with the landlord.

What Happens Upon Death?

If one partner passes away and was the sole signatory on the rental agreement, the surviving partner may have the right to take over the tenancy under the Cohabitation Relations Act, provided the dwelling was cohabitation property and the survivor needs it the most. This usually requires the landlord's consent. If both were on the contract, the agreement continues for the survivor.

Can You Get a Joint Rental Contract if Not Married?

Yes, absolutely. Cohabitation is legally defined and grants rights and obligations concerning rental agreements, regardless of marital status. A joint rental contract is the best way to ensure both parties have equal rights and responsibilities in the tenancy.

How Does Separation Affect a Rental Agreement?

In a separation where both partners are on the rental agreement, you must agree on who will remain in the dwelling. If you cannot agree, the landlord may become involved, and in the worst case, the contract could be terminated. The Cohabitation Relations Act might grant the partner who needs the dwelling most the right to it, but this often requires agreement with the landlord or a court process. Having a clear rental agreement for cohabiting partners from the outset simplifies potential future separations.

The Future of Rental Agreements for Cohabiting Partners in 2026

While no major legislative changes specifically for rental agreements for cohabiting partners are announced for 2026, it's always wise to stay updated on legislation concerning cohabitation and tenancy rights. The focus remains on protecting the surviving partner or the party who most needs the dwelling in case of separation or death. Understanding rental agreements for cohabiting partners is key to a secure living situation.

Rental Agreement Cohabiting: What Applies to Partners in 2026?