Difference between holiday rental and residential tenancy in Tilburg
In Tilburg, holiday rental falls outside the residential tenancy law (article 7:201 Dutch Civil Code) and has no rent protection. It is intended for recreational use, such as short stays during the bustling Spoedkermis period or events like Tilburg carnival, not for long-term residence. Landlords in the municipality of Tilburg sometimes try to abuse this to avoid strict residential tenancy rules, especially in popular neighbourhoods like the city centre or Oud-Zuid.
Legal boundary in Tilburg
If occupancy lasts longer than a few months or serves as main residence, it qualifies as residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Tilburg courts and the municipality strictly assess intention and use: invoices, GBA address registration in the Personal Records Database, utilities in the tenant's name and presence of fixed furniture such as a washing machine are crucial indicators. The municipality of Tilburg applies additional local rules for recreational dwellings in the Municipal By-law.
Consequences of exceedance in Tilburg
An invalid holiday rental agreement in Tilburg automatically becomes residential tenancy with retroactive effect, including termination protection under Supreme Court case law. Landlords risk retroactive assessment of standard rent prices, fines from the municipality up to €820 per violation (APV Tilburg 2023) and forced adjustment to the points system for bare rent. Tenants can effectively block eviction via the district court in Den Bosch. Airbnb-style rental requires a tourist permit from the municipality of Tilburg; violation leads to penalty payments, closure of the property and possible revocation of the permit.