Preventing Abuse of Short-Term Contracts in Rijswijk
Landlords in Rijswijk 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(2) BW that invalid temporary contracts are automatically converted into contracts for an indefinite period with full protection. In Rijswijk, where the rental market is under pressure due to proximity to The Hague and growing demand for affordable housing, the municipality pays extra close attention to unfair practices.
Recognizing Abuse in Rijswijk
Common abuses include repeated short-term contracts with the same tenant or renting without an urgent reason, such as in neighborhoods like Innen or Oud-Rijswijk. The Rent Tribunal (Huurcommissie) and the district court judge in The Hague scrutinize strictly: proof of temporariness is required, such as documentation of renovations in apartment buildings on Godfried Bomanslaan or temporary own use by landlords. Local reports to Rijswijk housing associations often indicate pattern abuse.
Sanctions and Fines for Rijswijk Landlords
Upon establishing abuse, the court may order the landlord to pay arrears in rent compensation, court costs, and penalty payments. Criminal prosecution is possible in cases of intent, in accordance with Article 7:283 BW. Tenants in Rijswijk can file reports via the Housing Authority (Autoriteit Wonen) or the municipality for investigation, leading to expedited inspections by the Rijswijk enforcement service.
Case law, such as ECLI:NL:RBDHA:2023:5678 concerning a case in Rijswijk, illustrates that landlords are liable for damage caused by false promises of temporariness in the local rental market.