Can I terminate my roommate's rental contract?


Questioner

I live in Amsterdam in a rental property with a roommate. We signed a contract B: this means that we can stay there for a maximum of 2 years and have a notice period of one month. On March 23, I indicated to the landlord/agent and owner + roommate via email that I want to move out at the end of April. My roommate then indicated that he wanted to stay in the property and that he would look for a new roommate. The agent indicated that we have 2 choices. 1: both tenants cancel the contract before the end of the month or 2: there is a tenancy switch where I leave the contract and a new tenant takes my place on the contract. Between March 23 and now, my roommate and I have had a dispute, because he has not made any effort to find a new tenant. He indicates that I am responsible for paying the rent until he has found a new roommate. This will probably not be until June at the earliest. Is it possible for me to terminate the lease from the end of April, so that my roommate will be the only one on the lease (even if he doesn't agree)? Or can I terminate the lease without my roommate's agreement?

Lawyer

I assume that you are both named as co-tenants in the lease and that you are both jointly and severally liable for the rent payments. If this is otherwise arranged in the lease, then you must indicate this, because that could be different for my answer. You cannot simply unilaterally terminate your part of the tenancy agreement, nor can you terminate the tenancy agreement without the cooperation of the co-tenant. What you can do is find a new co-tenant yourself and nominate him/her and if he/she is accepted, make the tenancy switch; if your housemate unreasonably refuses to cooperate, you can hold him/her liable for your part of the rent.

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