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Landlord just walking into your house?

The basic principle is that the entry of your apartment by your landlord is only possible under specific conditions.


According to Article 7:223 of the Dutch Civil Code, the tenant is obliged to give an opportunity to view the property to interested parties, but this does not mean that the landlord may simply enter your apartment without permission. In the general provisions to the widely used ROZ model Rental Agreement Living Space (2017), for example, Article 12.2 states that the tenant must give an opportunity to view the property only on weekdays and on auction days, and then only from 10 a.m. to noon and from 2 p.m. to 4 p.m.

 

In the same ROZ General Provisions Living Space 2017, article 12.1 states that the landlord - outside of cases of viewings - is entitled to enter the leased property, but only after consultation with the tenant and on working days between 08.00 and 17.30, for inspection of the condition of the leased property and for valuations.

 

Only in emergencies is the landlord entitled to enter the rented property even without consultation and/or outside the aforementioned times.

 

Thus, the landlord must provide you as a tenant with the undisturbed enjoyment of your rental property. This means that the landlord must respect your privacy and may not enter the house without your permission, unless there is an emergency situation, such as a leak or a fire. Does the landlord do this anyway? Then you have several options:


  • To begin with, it is advisable to first contact your landlord in writing, explaining that you want him to abide by the agreements in the lease. Especially if it was only one incident, for example due to a clumsy mistake, and it hasn't happened again since, it is wise to initiate the conversation first. Moreover, this can serve as evidence for later legal proceedings.

  • Despite attempts to engage in conversation, does the landlord repeatedly enter your apartment? If so, you could also choose to replace your locks. Depending on the type of landlord, this could damage the relationship (even more), but it is not prohibited to replace the lock. Indeed, if the landlord still allows himself access to the rented space, that is punishable under Article 138 of the Penal Code. You could press charges of housebreaking under that article, because the landlord would then be “unlawfully intruding” on the property.


  • And if there really is no other way and repeated attempts to get the landlord to stop it have not worked, then you could choose to engage a mediator or else go to court, stating that the landlord is not abiding by the agreements made in the lease and you demand that he still does so, on pain of, for example, a large fine or damages.

So: even though the ownership of the leased property does not belong to the tenant, that does not make it okay for the landlord to simply enter your home without consultation. Wondering what agreements were made in your case? Go to www.Hurai.nl, upload your general terms and conditions and ask our AI chatbot rental law.

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