Home Invasion for Tenants in Delft: Protection of Your Home
Home invasion (huisvredebreuk) is the unlawful entering or remaining in a home. As a tenant in Delft, you enjoy full protection, just like an owner. This article discusses when there is home invasion, your rights and steps in case of unlawful entry by the landlord. Competent is the Rechtbank Den Haag (district).
Statutory Definition
Home invasion falls under Article 138 of the Dutch Criminal Code and protects the right to undisturbed residence in your rental home. Tenants in Delft have this right in full.
There is home invasion if someone:
- Unlawfully enters the home, or
- Unlawfully remains and does not leave after demand by the entitled party
When May the Landlord Enter in Delft?
Landlords may not just enter your rental home in Delft. Strict rules apply:
Permitted Entry
| Situation | Condition |
|---|---|
| Urgent repairs | Notify in advance, except in emergencies |
| Periodic inspection | Announce in writing and agree |
| Viewing for sale | Reasonable time, with your consent |
| Emergency (fire, leak) | Immediately permitted |
Not Permitted
- Entering without permission or notice
- Using own key without consultation
- Entering when you are absent (except emergency)
- Coercion or intimidation for access
Rights of Tenants in Delft
As a tenant, you may:
- Refuse access without valid reason
- File a police report for home invasion
- Claim damages for unlawful entry
- Replace locks (notify landlord)
Penalty and Consequences
Home invasion is a misdemeanor with penalties:
- Simple: max. 1 year imprisonment or fine
- With violence: max. 2 years imprisonment
- Group offense: aggravated
In addition, civil liability for damages. In Delft: Rechtbank Den Haag.
Actions in Case of Home Invasion in Delft
- Document: date, time, details
- Photos/videos as evidence
- Witness statements collect
- Police report
- Registered letter to landlord
- Legal assistance: Juridisch Loket Delft or lawyer
FAQ
May landlord use spare key?
Yes for emergencies, but not without permission. Unlawful use is home invasion.
Urgent? May landlord then enter?
In real emergencies (gas leak, fire) yes, but must prove urgency. Doubt? Objection possible.
Replace locks after incident?
Yes, for safety. Inform landlord and provide spare key for emergencies. Costs usually at your own expense.
Does this apply to business premises?
Homes: art. 138 Sr. Business premises: art. 138a Sr (local peace breach). Similar protection.
Legal Options in Delft
In case of repetition:
- Summary proceedings at Rechtbank Den Haag for prohibition
- Huurcommissie for maintenance disputes
- Claim damages subdistrict court
- Rent reduction in case of nuisance
- Free advice: Juridisch Loket Delft