Difference between holiday rental and residential tenancy in Rijswijk
In Rijswijk, holiday rental falls outside residential tenancy law (article 7:201 DCC) and offers no tenancy protection. It is intended for short-term recreational use, not for long-term stay. Landlords in neighbourhoods such as Innen or Oud-Rijswijk sometimes try to circumvent strict residential tenancy rules via this model, but the municipality monitors closely.
Statutory boundary specific to Rijswijk
If the occupancy in Rijswijk lasts longer than a few months or serves as main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Courts assess intention and actual use: consider registration in the Municipal Personal Records Database with the municipality of Rijswijk, utility bills in the tenant's name and permanent setup with furniture. Local case law from the Hague region, including Rijswijk, strictly emphasises these indicators.
Consequences of exceedance in Rijswijk
An invalid holiday rental agreement in Rijswijk is converted retroactively into residential tenancy, including termination protection via the Rent Tribunal. Landlords risk retroactive assessment of standard rental prices, fines from the municipality of Rijswijk up to €10,000 per violation and forced adjustment to the points system for rental prices. Tenants can effectively block eviction via the court.
For Airbnb-type rental in Rijswijk, a tourist permit from the municipality is mandatory (Rijswijk General Municipal By-law art. 4:10). Without this, repeated violations lead to forced closure of the property and possible revocation of the permit.