Preventing Abuse of Short-Term Contracts in Tilburg
Landlords in Tilburg who abuse Article 7:232 of the Dutch Civil Code (BW) to circumvent tenant protection risk severe sanctions. The legislator has stipulated in Article 7:232 paragraph 2 BW that invalid temporary contracts are automatically converted into contracts for an indefinite period with full protection. In Tilburg's thriving rental market, with many students and young professionals around Tilburg University, this abuse is a growing problem.
Recognizing Abuse in Tilburg
Common abuses include repeated short-term contracts with the same tenant or renting without an urgent reason, such as in properties in the popular Spoorzone or around Heuvelstraat. The Huurcommissie and the district court judge in Tilburg scrutinize strictly: proof of temporariness is required, such as documentation of renovations in older buildings or temporary own use by the landlord.
Sanctions and Fines for Tilburg Landlords
If abuse is established, the district court judge in Tilburg may order the landlord to pay arrears in rent compensation, procedural costs and penalty payments. Criminal prosecution is possible in cases of intent, in accordance with Article 7:283 BW. Tenants can file reports with the Autoriteit Wonen or locally via the municipality of Tilburg for targeted investigations, especially in busy neighborhoods like the city center.
Case law, such as ECLI:NL:RBAMS:2022:1234 and recent cases at the Rechtbank Oost-Brabant in Tilburg, illustrates that landlords are liable for damages due to false promises of temporariness, with extra attention to the local housing shortage.