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Joint Tenancy students or spouses - their rights

If a lease agreement concluded with the landlord more persons on the side of tenants, we are talking about a joint lease of the flat. In addition, the Civil Code specifically regulates joint Tenancy spouses. What rights and obligations are joint tenants against landlords? What everyone can deal with myself and what on the contrary, must agree in advance?

If it agrees with more people being together to enjoy one apartment and sealed if for that purpose, together with the landlord contract of tenancy, becoming its joint tenants. An example is when a flat intends to lease an unmarried couple or several students. Joint tenant can become the person with the express agreement of the parties to the lease contract subsequently proceed.

"All joint tenants have the same rights and the same obligations. Ordinary matters of tenancy in common and can cater to each of the tenants themselves. Each of them is entitled to arrange for a minor home repairs, to pay in a given month and the other for the entire rent or for others to accept overpayment services, "says Luke Green, head of the legal department Dtest.

Conversely, other than routine matters joint lessees must act together. This means that one of the tenants can not, without the consent of the other enter into an agreement to terminate the lease or even put even other landlords evicted from apartment leases. Likewise, the landlord must, in matters which can not be considered normal, treat all joint tenants. "For example, to give tenants notice of the statutory grounds, it must be put to all joint tenants and not just one of them. Here, in fact, the rights and obligations of public tenants are jointly and severally. This means for example that the entire arrears of rent a landlord is entitled to recover either from all the tenants, or even from any of them individually, "says Luke Green.

If the joint lessees serious disagreements (for example regarding the execution of construction works or changes in the rent), it may be any of them apply to the court to decide on such matters. The court may also decide to cancel the joint tenancy rights and who continue to remain tenant. For example, after breaking two unmarried partners as existing joint tenants who continue together in an apartment not want to live.

The Civil Code specifically regulates the circumstances of joint tenancy husband. "This comes in either the lease is signed by both spouses, or the law if at the time of marriage has been one of the spouses the right to lease an apartment or house where the couple intend to live together. In this case, not to a joint tenancy agreement requires the landlord, "says Green.

Even spouses in joint tenancy have the same rights and obligations. By mutual agreement, however, may be the creation of joint lease for an apartment or house completely ruled out. One of the peculiarities joint tenancy spouses the possibility to seek in court the temporary restriction or total exclusion of the other spouse from using the flat because of domestic violence.


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