Preventing Abuse of Short-Term Contracts in Delft
Landlords in Delft 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 paragraph 2 BW that invalid temporary contracts are automatically converted into contracts for an indefinite period with full protection. In Delft, with its tight rental market due to the TU Delft and historic city center, the municipality strictly monitors housing shortages.
Recognizing Abuse in Delft
Common abuses include repeated short-term contracts with the same tenant or renting without an urgent reason, such as in student housing around the TU Delft campus. The Huurcommissie and the district court judge in The Hague scrutinize strictly: proof of temporariness is required, such as documentation of renovations in the old city center or own use by Delft residents. The municipality of Delft provides reporting points for tenants in neighborhoods such as Poptahof or Tanthof.
Sanctions and Fines for Delft Landlords
Upon establishing abuse, the court may order the landlord to pay arrears in rent compensation, procedural costs and penalty payments. Criminal prosecution is possible in case of intent, in accordance with article 7:283 BW. Tenants can submit reports via the Autoriteit Wonen or the Delft Housing Desk for investigation. Local examples show that landlords in the Rotterdam-Delft region receive additional fines through enforcement teams.
Case law, such as ECLI:NL:RBAMS:2022:1234 and recent cases at the district court in The Hague concerning Delft properties, illustrates that landlords are liable for damage caused by false promises of temporariness, including compensation for moving costs in the city.