Airbnb Guests and Breach of Home Peace in Delft: Tenants' Responsibilities
In Delft, with its vibrant student population and tourist attractions such as the Nieuwe Kerk, Airbnb rental is popular. But as a tenant, you risk home peace claims if guests linger after their stay. Uninvited guests themselves commit breach of home peace pursuant to article 138 of the Criminal Code.
Rules for Temporary Rental in Delft
- Check lease agreement: explicit prohibition on subletting, often strictly enforced by Delft landlords.
- Investigate reporting obligation with the municipality of Delft: vacation rental requires notification via the Omgevingsloket and max. 30 nights per year; no general ban as in Amsterdam, but fines up to €21,750 for violations.
- Guests: require key return at check-out and document with Airbnb messages.
In Case of Nuisance in Delft
First send a written demand to leave. If refused: involve the Delft police. Article 138 of the Criminal Code applies to paying guests after contract termination. Supreme Court (2022): landlord remains the rights holder, but Airbnb tenant may claim via summary proceedings at the District Court of The Hague.
Tip: file a complaint with the Airbnb platform if guests refuse. Note Delft enforcement: the municipality strictly checks illegal vacation rentals in the city center and Midden-Delfland area. Avoid high fines and preserve your home rights.
Rent smartly in Delft, protect your home rights and enjoy the city.