Difference Between Co-Tenancy and Subletting in Tilburg: Legal Pitfalls

In Tilburg, many tenants in popular neighborhoods such as Oud-Zuid and the Spoorzone confuse co-tenancy with subletting, which can have serious consequences for their housing situation. In a co-tenancy, all parties are main tenants with equal rights and liability toward landlords such as WonenBreburg or Sint Joseph. Subletting involves a temporary transfer by the main tenant to a subtenant. According to Article 7:232 of the Dutch Civil Code (BW), subletting always requires the landlord's consent and automatically terminates upon termination of the main tenancy. Co-tenants in Tilburg rental properties cannot simply leave without consequences for the group, whereas subtenants can terminate flexibly after settlement. Pitfalls: Subletting without consent leads to dissolution of the rental agreement via the Tilburg subdistrict court and possible damage claims. Co-tenancy offers stronger protected occupancy, ideal for long-term students or young professionals in the city. In co-tenancy, joint and several liability applies for rent and service charges, while in subletting, only the main tenant bears risk toward the landlord. From a tax perspective, co-tenants in Tilburg share HRA (housing allowance) benefits, whereas subtenants do not. Always check the rental contract of local housing corporations for subletting clauses. In cases of illegal subletting in Tilburg, you risk eviction through summary proceedings at the Oost-Brabant District Court. Choose co-tenancy for equality in stable housing situations and subletting for temporary flexibility, such as seasonal work in the textile sector.