Home Invasion with Tenants in Rijswijk: Protection of Your Dwelling
Home invasion is the unlawful entry or remaining in a rented dwelling. In Rijswijk, as a tenant you enjoy full protection, just like owners. This article discusses when it is punishable, your rights and steps in case of unlawful entry by the landlord, with local information for the District Court of The Hague.
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 Rijswijk have this right in full, even without ownership.
There is home invasion in case of:
- Unlawful entry into the dwelling, or
- Unlawful remaining after demand by the entitled party
Permitted Access by Landlord in Rijswijk
Landlords may not just enter. Strict rules apply:
When permitted
| Situation | Condition |
|---|---|
| Urgent repairs | Notify in advance, except in case of acute danger |
| Periodic inspection | Written notice, make an appointment |
| Viewing for sale | Reasonable time, with tenant's consent |
| Acute emergency (leak, fire) | Directly permitted |
Absolutely prohibited
- Entering without permission or warning
- Using spare key without consultation
- Access during your absence (emergency exception)
- Coercion or intimidation for access
Rights of Tenants in Rijswijk
As a tenant, you may:
- Refuse access without valid grounds
- File a police report for home invasion
- Claim damages for unlawful entry
- Change locks (inform landlord)
Penalties and Consequences
It is a misdemeanor with penalties up to:
- Simple form: max. 1 year imprisonment or fine
- With violence/threat: max. 2 years imprisonment
- Group offense: aggravated
Civilly: landlord may have to compensate damages via the District Court of The Hague (district Rijswijk).
Actions in Case of Incident in Rijswijk
- Document everything: date, time, details
- Take photos/videos as evidence
- Collect witness statements
- Police report
- Registered summons to landlord
- Help from Juridisch Loket Rijswijk or lawyer in case of repetition
FAQ Home Invasion Rijswijk
May landlord use spare key?
Yes for emergencies, but not without your permission. Unauthorized use is punishable.
Urgent repair excuse?
Only in real emergencies (gas, fire). Otherwise, urgency must be proven; objection possible afterwards.
Replacing locks okay?
Yes for safety. Inform landlord and provide spare key for emergencies; costs usually at your own expense.
Business premises also protected?
Dwellings via art. 138 Criminal Code; business via 138a (trespass to premises). Similar tenant rights.
Additional Legal Options Rijswijk
In serious cases:
- Summary proceedings at District Court of The Hague for prohibition
- Rent Tribunal for maintenance disputes
- Damage claim subdistrict court
- Demand rent reduction in case of nuisance
- Free advice: Juridisch Loket Rijswijk