Female student house does not simply have to allow male housemates

The landlord of a student house in Kralingen is prohibited from introducing new housemates over the next six months and risks a fine of up to 10,000 euros if he fails to comply. This is evident from a ruling by the Rotterdam court following legal action brought by the female students.

The landlord, VDS Beheer, wanted to place three male tenants in student house de Notenkraker, while the students had been accustomed for years to choosing new (female) housemates themselves. The landlord broke this custom after one of the students approached the rental commission to lower her rent. The students subsequently initiated legal action against the landlord.

Choosing their own housemate

It is common for students to choose their own housemates, with whom they share the kitchen, bathroom, and toilet. This had also been the case for years in a Rotterdam student house exclusively for women.

The students selected a new housemate themselves and informed the landlord with a phone call or email. On the last Friday of the month, the new housemate would receive an ‘installation talk’ and be handed the so-called ‘rental bible’. Following that, the rental agreement would be signed.

Male housemate placed

However, one of the students apparently found the rent quite high and went to the rental commission. Coincidentally or not, shortly thereafter, the landlord ended the tradition and placed a new male tenant in the house without consultation as of 1 March. Two others would follow on 1 April.

Fine of 10,000 euros

The students initiated legal action and received a ruling in their favour from the judge. The landlord is not allowed to introduce new housemates over the next six months and risks a fine of up to 10,000 euros if he fails to comply.

Custom weighs heavier

Thus, the judge confirmed that the students have the right to choose their housemates, also referred to as the ‘cooptation right’. This is not enshrined in law, but it is a well-established custom in student houses, the judge noted, and has been the case in this house for over ten years. Therefore, it has become customary law.

This right can be terminated, but only within a reasonable timeframe. The landlord must thus wait at least six months before he can choose new residents himself. How the students feel about this is unknown. Their lawyer has declined to answer questions.