Home Invasion for Tenants in Tilburg: Protection of Your Dwelling
Home invasion is the unlawful entering or remaining in a dwelling. In Tilburg, as a tenant you enjoy full protection, just like owners. This article discusses when home invasion occurs, your rights, and steps in case of unlawful entry by the landlord.
Legal Basis
Home invasion falls under Article 138 of the Dutch Criminal Code and safeguards the right to undisturbed enjoyment of one's home. Tenants in Tilburg have this right in full, regardless of ownership.
There is home invasion if a person:
- Unlawfully enters a dwelling, or
- Unlawfully remains and does not leave after being called upon by the entitled party
Landlord Access in Tilburg
Landlords may not just enter at will. Strict rules apply:
Permitted
| Situation | Condition |
|---|---|
| Urgent maintenance | Announce in advance, except in case of acute danger |
| Periodic inspection | Written notice, appointment |
| Viewing for sale | Reasonable notice, tenant consent |
| Emergency (leak, fire) | Immediately permitted |
Not permitted
- Entering without permission or warning
- Using own key without consultation
- Entering in absence (emergency exception)
- Coercion or intimidation for access
Rights of Tenants in Tilburg
As a tenant, you may:
- Refuse access without valid grounds
- File a police report
- Claim damages for unlawful entry
- Change locks (inform landlord)
Penalties and Consequences
Home invasion is a misdemeanor:
- Simple case: max. 1 year imprisonment or fine
- With violence/threat: max. 2 years imprisonment
- Group attempt: aggravated
Civilly: landlord may have to pay damages. In Tilburg, cases are handled by District Court Zeeland-West-Brabant, Wilhelminapark 100.
Actions in Case of Incident
- Document: date, time, details
- Photos/videos as evidence
- Collect witness statements
- Police report
- Registered letter to landlord
- Legal assistance, e.g. Juridisch Loket Tilburg, Spoorlaan 364
FAQ
May landlord use spare key?
Yes for emergencies, but not without permission. Unlawful use is home invasion.
Urgent? May enter anyway?
Yes in real emergencies, but must be proven. In doubt? Protest afterwards.
Replacing locks okay?
Yes for safety, inform landlord and provide spare key for emergencies.
Business premises too?
Dwellings under art. 138 Criminal Code, businesses under art. 138a (trespass to premises). Similar protection.
Extra Steps in Tilburg
- Summary proceedings for injunction
- Rent Tribunal for maintenance disputes
- Claim damages subdistrict court
- Rent reduction in case of nuisance