# Cohabiting in a Rental Apartment: What Applies to the Lease?

*19 juli 2026*

> Moving in together as a cohabitant in a rental apartment involves major changes, but what happens legally to the lease? We explain the rules here.

## Cohabiting in a Rental Apartment: A Guide to the Rules
Moving in together as a cohabitant in a rental apartment is an exciting step, but it is important to understand the legal framework surrounding the home. When you decide to live together, questions often arise regarding who has the right to the lease and how the law affects your living situation.

### What does cohabiting in a rental apartment mean legally?
When two people move in together, they are considered cohabitants under the law. However, it is important to note that the rental contract itself does not automatically become joint property in the same way as a condo, but rather the right of possession is regulated.

### Who has the right to the apartment during a separation?
In the event of a separation, the right to the apartment is determined based on who has the greatest need for it. If you have children together or if one party has more difficulty finding new housing, that person may be granted the right to take over the lease.

### How does taking over a lease work?
Taking over a lease often requires approval from the landlord unless it occurs through a division of property upon separation. If the landlord refuses, you can in some cases turn to the rent tribunal to have the matter reviewed.

### Is a cohabitation agreement necessary for a rental?
A cohabitation agreement is not strictly necessary for the lease itself, but it is wise to regulate the ownership of furniture and other personal property. By writing an agreement, you avoid uncertainty about who owns what if the relationship ends.

### Can both partners be on the lease?
Yes, it is entirely possible for both to be on the contract from the start, which provides a more secure position for both parties. This requires the landlord to approve both individuals as co-tenants.

### What happens if a partner moves into my apartment?
If you already have a contract and your partner moves in, they become a cohabitant but do not automatically share the contract. You, as the primary leaseholder, remain responsible to the landlord.

### What applies in the event of death?
If the cohabitant who holds the lease passes away, the surviving partner may in some cases have the right to take over the contract. This requires that you have lived together in the apartment as your common home for a significant period.

### How does the law affect the rental relationship?
The law primarily protects the common home during a separation, but it does not grant the same strong property rights as with a condo. Understanding the rules for cohabiting in a rental apartment helps you plan your future securely.